Conservatory delaying exchange..

TheGame7

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Doozergirl

Sounds like a certificate of lawful development to me.

GunJack

This issue has just hit us also. It appears that building regs approval was not obtained for conservatory, cavity wall insulation, gas central heating boiler, removal of window into conservatory and removal of internal wall. Our solicitor has said about indemnity ins for about £160, but it would appear that the conservatory went against some covenant against the house or something...can anyone shed any light on this?? Our solicitor has mentioned most of the points above re:mortgage lenders,etc., but I'm still uneasy even if we decide to pay the indemnity...urgent help would be appreciated..

Doozergirl

The indemnity protects the future owner against legal action from whoever.

It doesn't guarantee safety so your surveyor need to be happy that the place is sound.

TheGame7

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sham63

It won't be a Lawful Development Certificate (LDC) if it's been promised within a week. There is a statutory 3 week consultation period for all applications (including LDCs).

If they have applied for an LDC the planning officer will carry out a site visit. The Certificate should be good enough to satisfy the solicitor. The four weeks will start from the time the application lands on the case officer's desk. I am guessing that the application has not actually been made yet (planning fee, application form, site location plan and elevations are required) and it will need to go through the admin section to be verified and registered which can add another week before it gets to the case officer. The admin involved in actually issuing the certificate can also add another week after the decision has been signed off. Hopefully the officer will keep to his word and 'fast track' the application but I would imagine you're looking at about 6 weeks before the certificate gets to the solicitor. Hope that they are hand delivering the application rather than posting it as this could delay it even further.

TheGame7

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Nomove

This is not really a major issue. If the size of the conservatory is not larger than your lounge, you are not in any difficulty. But since the vendor is not able to produce the document, he should take out an indemnity insurance for you guys to be covered. This will cost him under 200 quid, take a few minutes to arrange, and your solicitor will be able to check it though to make sure you are covered against future issues. You can also sell the house on and the insurance is passed on (though it may need to be topped up if the value has increased). Get the insurance and get on with it. Vendor pays, not you.

sham63

This is not really a major issue. If the size of the conservatory is not larger than your lounge, you are not in any difficulty.


Posting misleading statements like this isn't really helpful.


Regarding the 1 week / 6 week issue, I would imagine that if a response has been promised within a week it will be a letter rather than a Certificate. If the planner is doing his job properly it should be worded to cover the Council's back along the lines of "it is unlikely that Planning Permission is required however you will need to apply for a LDC". This is because the Council cannot categorically say PP is not required without a site visit. Such a letter may not satisfy the Soilicitor. However, the Planner might just 'stick his neck out' and state that the conservatory is permitted development in a letter. The planner would be negligent in his duties in doing so but the solicitor would be happy.

TheGame7

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