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About to exchange, just found out building control haven't signed off the extension

kp_peanuts1988
kp_peanuts1988 Posts: 3 Newbie
edited 19 September 2014 at 2:24PM in House buying, renting & selling
We have had an absolute nightmare with our house purchase, it's already been 3 months and neither side has a chain.

There has been delays at every hurdle and today when we were finally poised to transfer our deposit and fees, we have just found out that the vendor didn't get the large extension to the kitchen, which involves a large dining/sun room and utility signed off by building control 5+ years ago when it was built, despite being told on our first viewing that they had all sign off for the extension and documentation. The extension was done by the vendor himself as apparently he is a builder/decorator, although I am dubious about the quality of the work particularly now it has been up for 5+ years.

Both their solicitors and the sellers themselves have been so slow at responding to queries, and they now need to arrange getting someone from the council to go to the house and sign off the extension and issue a completion certificate or potentially decline and changes will have to be made.

What makes everything worse is that I will be shortly starting a job (in the next 2 weeks) and was hoping we would complete prior to starting the job so I wouldn't have to make my bank aware - however this is looking increasingly unlikely and will have to tell the bank my new situation which will cause further delays.

Has anyone been in a similar situation with the building consent, is there anything we can do? They have obviously known all along and just kept delaying things and pushing back and I am quite frankly gutted and furious. We absolutely love this house and I'd hate to loose it but the vendors really are taking the biscuit.

Any advice would be appreciated!
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Comments

  • Doozergirl
    Doozergirl Posts: 34,063 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A lot of people forget to have the final inspection and ask for the certificate. If the vendor is talking of having one inspection, then it's likely to be that. The certificate can be issued fairly quickly if the inspections did take place and it's only the final one missing.

    You need to either trust the vendor that it is that and go ahead with indemnity insirance or wait a bit longer for the inspection (a matter of days) and certificate. Personally, I'd wait. But I'd give the vendor a telling off.
    Everything that is supposed to be in heaven is already here on earth.
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    They can purchase an indemnity policy which will cover you and any future buyers against building control prosecuting and should cover remedial works if necessary. However, it does not tell you that the work has been done safely. Best if they can get the sign off if possible. And btw you can only get the indemnity if the work was completed over 12 months ago (although I don't know how they would actually know for sure)
  • This happened to us when we bought our house in August this year. The single storey extension wasn't signed off (built 7 years previously) so they had to arrange for a buildings person from the council to inspect it and provide a completion certificate. The bank needed this to release the mortgage funds.

    Only snag was that the extension couldn't be signed off until they rewired the house and added a new circuit board as it was all so old and deemed unsafe. This of course delayed things further.

    Also check that Fensa certificates have been issued for any new/replacement doors/windows in the extension - this caused a huge delay in our sale too and weren't produced until 3pm on exchange day!

    Hopefully you'll be sorted soon
  • Hoploz
    Hoploz Posts: 3,888 Forumite

    Only snag was that the extension couldn't be signed off until they rewired the house and added a new circuit board as it was all so old and deemed unsafe. This of course delayed things further.

    Ha! I guess to get a current sign off it needs to meet current regs, which are probably different to when it was built!
  • Hoploz
    Hoploz Posts: 3,888 Forumite

    Also check that Fensa certificates have been issued for any new/replacement doors/windows in the extension - this caused a huge delay in our sale too and weren't produced until 3pm on exchange day!

    Hopefully you'll be sorted soon

    .....Or you can just do what my current sellers are doing and just deny you've replaced windows when I know for a fact they have!
  • Doozergirl
    Doozergirl Posts: 34,063 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The windows in an extension should be covered by the building completion certificate. Fensa is a cheaper way of getting the equivalent of building control approval when you're not really building. There's no point paying for a fensa certificate when it's included as part of the building inspections.
    Everything that is supposed to be in heaven is already here on earth.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Hoploz wrote: »
    Ha! I guess to get a current sign off it needs to meet current regs, which are probably different to when it was built!

    No, that's completely wrong. For Building Control Completion Certificates, it only has to be constructed to the same standard as when the building control application was originally made, not current standards.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Hoploz wrote: »
    They can purchase an indemnity policy which will cover you and any future buyers against building control prosecuting and should cover remedial works if necessary.

    Absolute rubbish.

    It only covers the cost if defending enforcement action. It DOES NIT cover the cost of remedial action to rectify defects.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • Doozergirl
    Doozergirl Posts: 34,063 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    phill99 wrote: »
    No, that's completely wrong. For Building Control Completion Certificates, it only has to be constructed to the same standard as when the building control application was originally made, not current standards.

    Yes, if there was an application made.
    Everything that is supposed to be in heaven is already here on earth.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Doozergirl wrote: »
    Yes, if there was an application made.

    Agreed....
    Eat vegetables and fear no creditors, rather than eat duck and hide.
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