outstanding problems before exchange: drainage, conservatory etc

lxx

Hello, I am in the course of purchasing a house and the vendor has set a deadline for exchange which is 28 August. My solicitor has written to me listing the following outstanding problems:

1. No planning permission or building regulation approval for the conservatory built in 2008 before the current vendor purchased the property. The vendor said as it was a replacement to an existing structure which had been in place for some considerable amount of time and planning consent was not required. - Is that the case?

2. Building survey report says:

"There is an opening in the spine partition wall between the rear reception room, and the kitchen. We are unable to confirm if adequate beam support (RSJ) has been installed as plaster finishes conceal the structure. Your Legal advisor should confirm the necessary consents were obtained and advise you accordingly."

Vendor's response was "This was a non load bearing wall therefore no planning/building regultations were not required".

However my solicitor did not agree as the surveyor advised that the wall which was removed would have required the insertion of an RSJ indicates that it was a supporting wall and required the vendor to pay for the indemnity insurance.

3. Drainage searches report indicates there is a public sewer, disposal main or lateral drain under the conservatory and no build over agreement in place. My solicitor has required the vendor to pay for the indemnity insurance, which is around £400-500 for 10 years' cover.

4. Local searches report shows there are 2 FENSA certificates issued in 2012, however the vendor said the 10 years waranty was not transferrable, do I still need the FENSA certificates?

5. The environmental search result shows there is a moderate risk of natural ground instability in the area within 50 metres of the property, my solicitor asked me to contact my surveryor however there was no indication in the building survey report. Is this a serious problem?

6. The environmental search result shows the property is located within an area where between 1 and 3% of homes will be above the action level in respect of randon gas. However local authority search shows zero at or above level. - Do I need to do anything?

7. My solicitor suggested me to get the central heating system and appliances included in the sale checked before the exchange of contract however the vendor may refuse as the exchange deadline is within 5 days - shall I still ask? There is no certificate for the boiler either.

8. I plan to do loft conversion at a later stage, however the height of the loft does not seem to be enough in my unprofessional eyes. The estate agent said it should not be a problem as most of the neighbours have done the conversion. The house seems to have a roof of similar height as the neighbours' - shall I get a builder in to confirm before the exchange?

As a first time buyer and the exchange is within 5 days I am actually panicking - what should I do if the vendor refuse to pay for the indemnity insurace for the drainage and the partition wall? Do I need to resolve all the above problems before the exchange?

Many thanks for your time and help in advance, any comments welcome

Mojisola

lxx wrote: »

My solicitor has written to me listing the following outstanding problems:

As a first time buyer and the exchange is within 5 days I am actually panicking - what should I do if the vendor refuse to pay for the indemnity insurace for the drainage and the partition wall? Do I need to resolve all the above problems before the exchange?

It's only within 5 days if you agree to go ahead - what's your solicitor's advice?

Once you've signed to buy the house, there's no incentive for the vendor to sort out any problems.

Kynthia

What will happen if you don't exchange in 5 days time? What will happen if you do when you have so many things you aren't sure about and it's the biggest purchase of your life?




Don't be pressured to exchange before you are ready. It's different if there was only a couple of minor things that can't really be resolved so you need to decide whether to accept the situation and buy or pull out. However it sounds like you aren't anywhere near ready to exchange, so don't.

silvercar

lxx wrote: »

Hello, I am in the course of purchasing a house and the vendor has set a deadline for exchange which is 28 August. My solicitor has written to me listing the following outstanding problems:

1. No planning permission or building regulation approval for the conservatory built in 2008 before the current vendor purchased the property. The vendor said as it was a replacement to an existing structure which had been in place for some considerable amount of time and planning consent was not required. - Is that the case?Could be. In any case the council won't object to something over 6 years old.

2. Building survey report says:

"There is an opening in the spine partition wall between the rear reception room, and the kitchen. We are unable to confirm if adequate beam support (RSJ) has been installed as plaster finishes conceal the structure. Your Legal advisor should confirm the necessary consents were obtained and advise you accordingly."

Vendor's response was "This was a non load bearing wall therefore no planning/building regultations were not required".

However my solicitor did not agree as the surveyor advised that the wall which was removed would have required the insertion of an RSJ indicates that it was a supporting wall and required the vendor to pay for the indemnity insurance.Trust the surveyor over the vendor. It is more than paying for an indemnity - it is being happy that the wall is supported. Speak to the surveyor, is his opinion that the wall is supported ie no evidence of any issues.

3. Drainage searches report indicates there is a public sewer, disposal main or lateral drain under the conservatory and no build over agreement in place. My solicitor has required the vendor to pay for the indemnity insurance, which is around £400-500 for 10 years' cover.Important for when you come to sell. Or worst case that the water board need to dig up the conservatory floor (though these days they can usually manage to worm from outside.

4. Local searches report shows there are 2 FENSA certificates issued in 2012, however the vendor said the 10 years waranty was not transferrable, do I still need the FENSA certificates?Download them from the FENSA website - if they exist.

5. The environmental search result shows there is a moderate risk of natural ground instability in the area within 50 metres of the property, my solicitor asked me to contact my surveryor however there was no indication in the building survey report. Is this a serious problem?Yes. Speak to surveyor.

6. The environmental search result shows the property is located within an area where between 1 and 3% of homes will be above the action level in respect of randon gas. However local authority search shows zero at or above level. - Do I need to do anything?

7. My solicitor suggested me to get the central heating system and appliances included in the sale checked before the exchange of contract however the vendor may refuse as the exchange deadline is within 5 days - shall I still ask? There is no certificate for the boiler either.How old is the boiler? You have options, get a gas safe guy to check it out or keep your fingers crossed.

8. I plan to do loft conversion at a later stage, however the height of the loft does not seem to be enough in my unprofessional eyes. The estate agent said it should not be a problem as most of the neighbours have done the conversion. The house seems to have a roof of similar height as the neighbours' - shall I get a builder in to confirm before the exchange?Yes if this is crucial to you, or ask your surveyor.

As a first time buyer and the exchange is within 5 days I am actually panicking - what should I do if the vendor refuse to pay for the indemnity insurace for the drainage and the partition wall? Do I need to resolve all the above problems before the exchange?

Many thanks for your time and help in advance, any comments welcome

My comments above. Don't be panicked into exchanging by a seller imposed deadline. If they want you to exchange quickly they need to be helpful.

lxx

Mojisola wrote: »

It's only within 5 days if you agree to go ahead - what's your solicitor's advice?

Once you've signed to buy the house, there's no incentive for the vendor to sort out any problems.

My solicitor was only back from holidays on 19th. I suppose she would try to speed up.

lxx

Kynthia wrote: »

What will happen if you don't exchange in 5 days time? What will happen if you do when you have so many things you aren't sure about and it's the biggest purchase of your life?




Don't be pressured to exchange before you are ready. It's different if there was only a couple of minor things that can't really be resolved so you need to decide whether to accept the situation and buy or pull out. However it sounds like you aren't anywhere near ready to exchange, so don't.

Thanks
The vendor is buying a property, if we don't exchange on 28 August, he would probably lose the property and I would not be able to buy this property.

Thrugelmir

lxx wrote: »

The vendor is buying a property, if we don't exchange on 28 August, he would probably lose the property and I would not be able to buy this property.

Unlikely. Perhaps they want to move before the new school year starts. Address the issues first. Then worry about exchange. Without resolution there'll be no exchange in any event.

Mojisola

lxx wrote: »

The vendor is buying a property, if we don't exchange on 28 August, he would probably lose the property and I would not be able to buy this property.

Then it's in his interest to get things sorted out with his house so that you will be willing to proceed with the sale.

Don't be steamrollered into signing yourself up for a lot of problems.

lxx

silvercar wrote: »

My comments above. Don't be panicked into exchanging by a seller imposed deadline. If they want you to exchange quickly they need to be helpful.

Thanks a lot

For some reason I could not quota your reply in full

2. For the partition wall, the survey report actually states: "Notwithstanding these comments there was no evidence of any distortion or distress
or any signs of significant structural movement at the time of our inspection." - is this okay?

3. If I plan to take down the consevatory in a later stage(as no extra funds available at the moment), can I just ignore the drainage problem and apply for a proper permission to put thing right?

4. Is it normal that the warranty for the windows and doors being non transferable? If they are not transferable, maybe the FENSA certificates are useless anyway?

7. Boiler - the vendor said it was installed before his purchase in July 2011, he did not know when was it installed. Shall I get it inspected before the exchange?

8. The loft - asked my surveyor several times he always said we talk about this when you come to do the loft conversion, but it might be after several years. Finally he said it should not be a problem but why didn't he confirm in the first place...

Many thanks for your advice, I don't want to lose the property as it has been a very stressful process. The vendor in on chain, if he could not exchange on 28 August he may lose the property he is buying.

lxx

Thrugelmir wrote: »

Unlikely. Perhaps they want to move before the new school year starts. Address the issues first. Then worry about exchange. Without resolution there'll be no exchange in any event.

They don't have kids...
I don't really know what would happen if there is no exchange on 28 August.

lxx

Mojisola wrote: »

Then it's in his interest to get things sorted out with his house so that you will be willing to proceed with the sale.

Don't be steamrollered into signing yourself up for a lot of problems.

Thanks
Have to keep my fingers crossed!