house buying predicament - help

olops

We've been trying to buy a house for 6 months now - we had a homebuyers survey which was OK (they always pick up lots of little things, right?) With hindsight we should perhaps have got a full structural survey, as ...


There are a couple of areas where further work has been undertaken on the property: two receptions have been knocked into one and a big old 2 storey extension was added at some point. The solicitor picked up the lack of planning permission records for these works. Very late in the day the vendors eventually confirmed the same, saying the works were done 25+ years ago before they moved into the property and they had no records either. They also provided a letter from their neighbour to confirm these kind of timescales.


Now, both the surveyor and the solicitor have recommended that we get the vendor to obtain retrospective planning permission, though admittedly the solicitor is very keen on putting the onus on us to make decisions - like we are the experts in the area! The vendor is refusing this course of action.


What should we do? My wife is keen to walk away on the basis that our 'experts' are saying we need the retrospective planning permission but if that is the case why isn't the vendor's solicitor saying the same to them. Is it not clear cut? The surveyor found the building sound so if it has been like this for 30,40,50 years are there really going to be any problems with the building that haven't surfaced already? The other issue might be - are we going to have similar problems when we come to sell in 10-15 years time?


Are there any other avenues for getting independent, expert advice on such matters?


Thanks in advance.

Surrey_EA

If the extension was constructed over 25 years ago I don't think that there are any grounds on which the local planning authority can take action for lack of planning permission. Therefore, I'm not sure what the purpose of obtaining retrospective planning permission would be.

Of more importance that the extension and the removal of the wall is structurally sound, and after all this time if there was a problem this should have presented itself. If the surveyor can see no issues, then I would be talking to your solicitor about getting the vendor to pay for the cost of an indemnity policy to cover lack of planning permission (just in case) and lack of building regs, as I assume they don't have those either?

martin.cat

Have the vendors confirmed they have no planning permission? Council records,only go back to the late 90's electronically and a manual search at extra cost would be required to find it even if they had it.

olops

They have. The solicitor has done, or had done, standard searches but they revealed what I also found from the local council via google. I'll have to check back to see if any additional, manual searches were done. You would hope so if they are doing their job properly, but perhaps not.

Surrey_EA

You could go and visit the council in person, if you are local enough, as they will probably hold records onsite going back further. But it doesn't change the fact that no enforcement action can be taken after all this time.

Hoploz

Pointless. Buy an indemnity policy if your lender requires it, but there's genuinely no point asking for retrospective permission now. Certainly not grounds to pull out. Are you sure it isn't cold feet caused by other reasons? Most likely you're both just weary of the whole process and looking for a reason to walk away.

Try and remember the bigger picture - you sitting cosy in the new house in a few weeks' time!

System

I think your solicitor is thinking more about satisfying your lender than worrying about an extension that in all probability would have already fallen down if it was of poor construction. I would think the natural conclusion to your issue is indemnity policies for any material outstanding paperwork. This will mean no issues between yourself and your lender.

If you really are worried then you need to engage a structural surveyor (at your cost) and get the situation assessed.

olops

No, no building regs either

olops

Hoploz wrote: »

Pointless. Buy an indemnity policy if your lender requires it, but there's genuinely no point asking for retrospective permission now. Certainly not grounds to pull out. Are you sure it isn't cold feet caused by other reasons? Most likely you're both just weary of the whole process and looking for a reason to walk away.

Try and remember the bigger picture - you sitting cosy in the new house in a few weeks' time!

Thanks. I think the weariness argument might be strong one - it has been going on a while! I'm particularly annoyed that those involved, particularly the sellers, didn't raise the lack of documentation earlier given we would have approached the survey stage quite differently. Not that I am sure that having the structural survey would have helped the situation significantly.


Given the feedback here I am bemused that both the surveyor and solicitor are recommending the retrospective path.