Buying but issues

Crazystar

Hello Great people,

I am in the process of buying a semi detached property and my solicitors mentioned two issues to me as below

1. This property has had a ground floor slab replacement in 1987 (built in 1971) because the house was originally built with an unreinforced concrete floor and dint meet the building regulations at that time(1987). The seller corrected this by replacing the ground floor slab and the work was carried out by a local reputed builder. This was monitored by a surveyor and a letter from the surveyor(dated in 1987) says the work carried out is satisfactory and is as per building regulations. The seller has obtained the building insurance and I am yet to get the details of the policy.

2. The property also has a restricitve convenant(from builder) which states that any alteration or addition is prohibited. However the seller has breached this convenant in 1987 by building a side garage and a utility room at the back. No one till now has questioned this and I think the original builder is also not aware of this.

My questions are

1.Should I ask for a 10K reduction on the offer made by me as the above 2 points might put me in risk at sometime in future? I also understand the groundfloor slab replacement was only done as a corrective measure and not due to any subsidence. WRT the convenant, I feel I should be fine as its more than 25 yrs now.

2. Should I just pull out as the buildings foundation itself was not laid properly when it was originally built.

Please note I still have not ordered for a full structural survey and my mortgage has just been agreed.

patman99

Get a full survey done before you make your mind up. If you like the house, then it would still be worth persuing if the survey picks nothing up.

Was the covenant placed on the building by the original developer?. If so, this would normally have been to keep the property in the same state as the others whilst the estate was constructed and the houses sold.

My parents house has a covenant preventing the erection of a fence in the front garden. Look down their road and every house has got a boundary fence in the front garden.

If you are concerned, try to find out who the original builders were and if they are still around (or were bought-out) contact them (or their new owners) to ask about the covenant. Chances are, they no longer have any interest in enforcing it.

It always amazes me why such covenants are not removed at the point that the last property is sold and the developers no longer have an interest on the site.

Hoploz

How do you arrive at a reduction in value of 10k? Did the mortgage valuation suggest it?

A problem was rectified over 20 years ago so that is no longer a problem.

If a covenant has been breached then an indemnity policy can be purchased either by seller or buyer for a couple of hundred pounds.

Nothing here is going to cost 10k so forget asking for that.

If you have genuine concerns about the replacement of the slab or the rest of the structure then you should arrange a structural survey to find out more. You can mention this remedial work has been done if you want the surveyor to pay particular attention to it and it's implications.

If you've got the willies and you no longer want the house then walk away. £10k discount does not rewrite history.

Crazystar

Thanks a lot Hoploz and Patman for your replies, much appreciated. I am ordering the full building survey next week and hope it will come clean. I will ask them to pay attention to the work carried over in 1987

The only reason i thought of asking for reduction is because I read on these forums and others that houses which had undergone groundfloor slab replacements, subsidence and underpinning usually go slightly below the asking price. My mortgage lender has not asked me to request for the reduction(valuation not done yet) but my solicitors hinted me that I can ask for it...

Thanks Again.

Hoploz

OK when you said your mortgage had been agreed it sounded as if the valuation had been done. See how that comes out first. If it is valued at below the agreed price there could be some possibility for manoeuvre. But it won't be to cover any future costs to you - there won't be any - it'll just be because it is valued at less by the lender.

Crazystar

Hello All,

I am revisiting this thread again as I now have a full building survey report, Bank valuation done and Full searches done. Main highlights from are as below

1. My private surveyor, Banks surveyor and the full search reports show the house had suffered subsidence in 1985 and the ground floor slab was replaced to correct it. No further movement seen since 1987(long standing and Non progressive) - Confirmed by my private surveyor.

2. My surveyor also pointed me that the follwing needs attention and repairs
- Distorted doorway of 3rd bedroom due historic subsidence.Timber joists of the first floor slab are deflected due to subsidence and there might be a chance that the boards on the floor are damaged or moved.

- Shrinkage cracks due to historic movement, garage roof need placement in few years, pavements deterorating and needs repair

- Presence of Asbestos in cement sheet on roof and suspect Asbsestos in wall plasters and celings throghout the house

- Presence of public sewer(Rising main) in property boundaries

- Right of way for Souther Electirc and Water board

My buildings surveyor has said there is nothing major and the strucural conditon of the house is satisfactory and few of the items as mentioned needs repair or maintaince and asked me to work out the costs.

My Questions:

1> Should I just pull out as I feel the property has many drawbacks like listed above ( Asbestos, Subsidence history, Current deflection in timber joists of the first floor slab and distorted door etc etc)

2> Should i evalaute costs of repair(with the help of builder and strucutral engineer) and ask for a descent discount in my offer price say some 10- 15 k or even more?

Asbestos - I am planning to ask the seller the get the Asbestos tests and get it completely removed for me bfore we exchange the contracts.

Please let me know your honest opnions and I need to make a quick decission.

Thanks
Sam

AdrianC

What have the surveyors said about the value, relative to the agreed price?

Crazystar

Thanks AdrianC. The banks surveyor has said he agrees to the agreed price and has not sugested any changes. But the bank survey has just done a basic valaution and not a full buildings survey. My private surveyor dint do the valuation and has just provided the report with the suggestions to repairs and maintainance.

Please note I was informed by the seller and the estate agent that the house had not suffered subsidence and the ground floor was replaced to meet the buildings regulation. The survey and searches has clearly mentioned the house suffered from subsidence in 1980s and hence the ground floor slab was replaced.

Doozergirl

That reads completely normal to me. You knew there had been some historic movement on the house. Delfection is therefore completely expected. All houses move, so even a house that has not moved substantially enough to require remedial work will have deflection in the timbers. You'll know if the floorboards are creaky. Ownership of some wood screws will help that.

If you buy any house older than 1990 then it may contain some form of asbestos in the fabric, especially plaster. Cement sheet asbestos is not actually the really bad stuff. The fibres are bonded and this can removed safely even on a DIY basis with good attention to health and safety procedures. If it is in good condition, it can be simply left in place.

The older the property, the more normal that survey looks. The only work required from that is a new garage roof and maybe some paving slabs.

I'd say that was a pretty good report for a full structural survey. You're never going tonget a bank sheet of paper. Never - no point looking for one!

Doozergirl

The floor slab part is 'interesting' as the floor slab itself is not part of the foundation. There's some missing information there for me. Still, it was fixed 30 years ago and there is no problem now, therefore no problem overall.

AdrianC

mysampat wrote: »

The banks surveyor has said he agrees to the agreed price and has not sugested any changes.
My private surveyor dint do the valuation

So your lender have no problem with the property being worth the agreed price, and your surveyor didn't say it wasn't.

If it was me selling, and you handed me those to try to justify a reduction, you'd get them handed straight back with my finger pointing straight to those sections.

Please note I was informed by the seller and the estate agent that the house had not suffered subsidence

The EA can only tell you what the vendor tells him.
Was the vendor the owner back then?

Is there documentary proof of subsidence, or is it an assumption that's why the slab was replaced? As has been said - the slab is not the foundations, and adding in reinforcing won't change a thing except prevent the slab breaking up, which is monumentally unlikely anyway.