cant sell my house

jamiemay65

i agree david but my surveyor never picked on anything ,IE the disabled access and 2 home report,s still required in scotland any house built after 2002 requires disabled access even though my buyers were not disabled this is to save the council expensive bills in the future adapting house for disabled people

pinkshoes

You took a huge gamble moving out before the sale completed...

could you rent it out?

Could you move back in and rent your current property out?

This is something you original solicitor SHOULD have picked up, so I would be pushing them for a solution.

PasturesNew

You have three choices:

- live there forever
- live there until it's sorted out, which could be months or years
- put it in an auction and take your chances.

moneyistooshorttomention

1. I don't really understand the need for disabled access for instance???

The vast vast majority of houses don't have this, so I don't understand why its deemed your particular house should do so??

Am wondering, accordingly, if that's one obstacle to sale that doesn't apply perhaps?

2. What is a habitation certificate? Is it something that all houses built since a certain year have to have?

dominoman

jamiemay65 wrote: »

i agree david but my surveyor never picked on anything ,IE the disabled access and 2 home report,s still required in scotland any house built after 2002 requires disabled access even though my buyers were not disabled this is to save the council expensive bills in the future adapting house for disabled people

So every house sold in Scotland now has to have disabled access, paid for by the seller, even if it wasn't there originally? Are you sure that applies retrospectively to your house?

davidmcn

dominoman wrote: »

So every house sold in Scotland now has to have disabled access, paid for by the seller, even if it wasn't there originally? Are you sure that applies retrospectively to your house?

I suspect the issue is that there is a minimum amount of accessibility required by building regulations for newbuilds, so a retrospective application for a Building Warrant will impose current requirements.

moneyistooshorttomention wrote: »

What is a habitation certificate? Is it something that all houses built since a certain year have to have?

It's something building control issue as a temporary "you can move in" permission before all works are finalised and the Completion Certificate is issued. More normal in larger developments (where e.g. communal areas have still to be completed), I wouldn't normally expect it for a one-off build.

pinkshoes wrote: »

This is something you original solicitor SHOULD have picked up, so I would be pushing them for a solution.

Agreed.

ChumpusRex

Sounds like either the original build did not comply with accessibility requirements, and therefore no completion certificate could be issued. Or alternatively, that application for a completion certificate was overlooked at the time and the retrospective application imposes current regulations.

It is an offence to live in a property without a completion certificate or valid temporary occupancy certificate. Even if the OP pulls out of buying a new house, he cannot legally continue to live in his current house until the certificates are sorted.

dominoman

Cheryl_Davis wrote: »

Try it, go ahead, you can do it

Go away before you get banned for posting spam

Waterlily24

We live in England and had to put in disabled access when we had an extension done plus wider doors for all the rooms you have to go through to get to the downstairs bathroom/toilet.

xylophone

Its a four bedroom 4 bathroom architect designed house not ex council was a new build

the council have informed us other people in our estate are in same situation but the council wont inform them till they try and sell their properties

This is a relatively new estate - presumably a building warrant was obtained by the builder? Or are you saying that a piece of land was divided into plots bought by individual builders?

At all events, a large development and the local council did not check that completion certificates were sought and obtained?http://www.dumgal.gov.uk/index.aspx?articleid=3758

And when these houses were purchased, nobody's solicitor picked up on the fact that there was no completion certificate?

And the council is allowing occupation of these non- compliant properties?

This all seems very odd - have you approached your local councillor/MP?

Have you contacted the solicitor who acted for you when you bought the property?