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Vendors solicitor trying to tie us into unreasonable T&Cs on house purchase!

13

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Wizzbang wrote: »
    Oh you're really mature and helpful. Go and find something profitable to do with your time!

    Merely stating the facts. In reply to the poster. I wasn't speaking to you.

    Accusing the " Vendors solicitor trying to tie us into unreasonable T&Cs on house purchase!" is hardly a mature thread title. ;)
  • silvercar
    silvercar Posts: 49,936 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Is this about:

    a) lack of FENSA certificate on the doors

    b) lack of building regs on the doors and/or doorway

    c) lack of planning permission to put in doors where previously there was a window.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 October 2014 at 7:41AM
    silvercar wrote: »
    Is this about:

    a) lack of FENSA certificate on the doors

    b) lack of building regs on the doors and/or doorway

    c) lack of planning permission to put in doors where previously there was a window.

    If it were most of those, silvercar, the OPs point is moot.

    The work pre-dates the requirement for FENSA, using an existing window opening means that the is no change in loading and therefore building regs don't apply. There's no regs on the type of door they would have put in at the time.

    The only issue for building control would be creating a brand new opening to support. In that case, for a regular set of patio doors, the answer is a Catnic lintel. Its presence could be determined in less than 5 minutes and the mess cleared up quickly.

    Mountains are being made of molehills here. You know as well as I do that Building Control would need a court order to enforce against the opening. The liklihood of that happening with a wall that appears structurally sound is zero.

    I've informed Building Control of a new illegal opening before now and the answer was that they couldn't enforce as they hadn't been invited in to the house to inspect it! They have no resources for enforcement; this is public sector. The number of houses we've worked on where we have BC in to inspect our work and previous work clearly doesn't comply - they just don't care.

    I would personally not even care about the validity of any indemntiy policy. The house is not unsaleable in future as the OP either has an opening which never even needed regs or, if it did, is so far past anyone caring it's stupid. If a surveyor has okayed the opening and I can hack at it if I want to, that's enough. I'd buy an indemnity policy for a future buyer because no one cares. BC won't even note the telephone call, let alone who made it; they're not there thinking 'ooh we should log this just in case we can invalidate an indemntity policy'.

    Not PC, I know but from years of experience - they do not care. The OP is free to give the vendor as much trouble as they like but one only causes as much trouble for oneself as one creates.
    Everything that is supposed to be in heaven is already here on earth.
  • jbainbridge
    jbainbridge Posts: 2,029 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    It seems you (or your solicitor) is making a mountain out of a molehill. The council don't care about these things after 4 years. Just buy it - get an indemnity if it makes you happier.
  • It's really an issue of compliance, so that we can sell the property on (if we ever want to, planning on staying for a very long time).
    If that's you're only "problem" just get some new doors fitted whith a brand new FENSA, if/ when you want to sell. They're already 12 years old so sometime in the near or distant future you may want to upgrade them anyway, to some with a higher thermal rating. As said in the previous post, mountains/ molehills . . .
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If that's you're only "problem" just get some new doors fitted whith a brand new FENSA, if/ when you want to sell. They're already 12 years old so sometime in the near or distant future you may want to upgrade them anyway, to some with a higher thermal rating. As said in the previous post, mountains/ molehills . . .

    It has nothing to do with FENSA. The doors were fitted pre-regs. No cert is needed for the doors.
    Everything that is supposed to be in heaven is already here on earth.
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 15 October 2014 at 12:52PM
    No cert is needed for the doors.
    I know, I was refering the OPs worries about selling at some far distant point in the future.
  • Ozzuk
    Ozzuk Posts: 1,884 Forumite
    Eighth Anniversary 1,000 Posts
    Seriously, if that is the only problem then just move in and forget about it. When you sell, when asked the question about building changes you'll be able to answer no (assuming the house hasn't fallen down by then :D) so it won't be an issue.
  • kingstreet
    kingstreet Posts: 39,335 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Doozergirl wrote: »
    In that case, for a regular set of patio doors, the answer is a Catnic lintel. Its presence could be determined in less than 5 minutes and the mess cleared up quickly
    Quite. I'd settle for a quick inspection by an engineer/surveyor and written confirmation adequate support is in place above the opening.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • silvercar
    silvercar Posts: 49,936 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Can you really take a window out and put a door in its place, with no requirement for planning permission or building regs (other than FENSA)?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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