Final two hurdles before exchange - any wise words?

CBN

Hi,

Final two hurdles, hoping for some advice. Was hoping to finally complete this week!

1) "We have conducted an environmental report which has come back to us requiring further action. The property appears to have been built (1995) upon a former army base and is potentially contaminated. Can you please provide us with a copy of the planning permissions for the development of the property in the hope that this reveals conditions as to how potential contamination was dealt with. Can you also confirm as to whether your client investigated this issue when the property was purchased."

Nothing was flagged by our solicitor when purchasing so that's easy enough. But what happens now? Do I or my solicitor need to contact the council for original planning permissions? Or contact the house builder? Or is indemnity insurance needed?

2 "Whilst you have provided evidence of building regulation approval with regard to the garage conversion we note that in accordance with the transfer dated 1995 the original builders consent was required in respect of external alterations to the property. Please confirm as to how this is to be dealt with".

It was an internal garage that was converted. So this question is either irrelevent or they are saying the bricking up of the garage door is an external alteration. Assuming the latter what's the way to resolve? Attempt to acquire retrospective consent? Indemnity?

Thanks so much for any advice.

BlueIsTheColour

I've recently sold a flat on old MOD land & contamination came up, it caused a ridiculous delay as had to go back to council to check, council had 21 day response time & their first answer raised more questions, so took 6 weeks in total. My solicitor said my buyer was asking irrelevant questions given the large number of house sales since the estate was built and the fact permission had been granted 12 years previously but unfortunately we had to get the answers.

Hopefully yours will be different, and quicker!

Good luck!

davidmcn

Is your solicitor not offering you any advice about this?

Anyway, yes, up to you/your solicitor to get a copy of the planning consent to see whether the conditions cover contamination (and if so, then whether the council has any papers about relevant surveys/decontamination).

Any changes to door/windows are external works, yes. Indemnity is going to be the quickest way of resolving it, unless your solicitor has an argument that this is a non-point.

G_M

CBN wrote: »

Hi,

Final two hurdles, hoping for some advice. Was hoping to finally complete this week!

1) "We have conducted an environmental report which has come back to us requiring further action. The property appears to have been built (1995) upon a former army base and is potentially contaminated. Can you please provide us with a copy of the planning permissions for the development of the property in the hope that this reveals conditions as to how potential contamination was dealt with. Can you also confirm as to whether your client investigated this issue when the property was purchased."

Please rely on your own searches with the local authority with regards to any Planning Permission.

Our client was not advised of any potential contamnination when they purchased he property.

Nothing was flagged by our solicitor when purchasing so that's easy enough. But what happens now? Do I or my solicitor need to contact the council for original planning permissions? Or contact the house builder? Or is indemnity insurance needed?

2 "Whilst you have provided evidence of building regulation approval with regard to the garage conversion we note that in accordance with the transfer dated 1995 the original builders consent was required in respect of external alterations to the property. Please confirm as to how this is to be dealt with".

Depends on the wording within the Transfer: what exactly does it say? However:

There was no external alteration involved in the garage conversion so no consent was sought.

It was an internal garage that was converted. So this question is either irrelevent or they are saying the bricking up of the garage door is an external alteration.
I would imagine changing a garage door to a brick wall is an external alteration.
Assuming the latter what's the way to resolve? Attempt to acquire retrospective consent?
Risky (might be refused), slow, potentially expensive.
Indemnity?
£100? £150?

Thanks so much for any advice.

..........................................................................................................

CBN

Thanks guys. These questions only came back today so I'm sure solicitor will eventually get around to offering some advice. Though if previous timelines are anything to go by it won't be for a while!

G_M do I take from your first suggested reply that the buyer's solicitor should have had a search back from the local authority with the planning stuff?

G_M

Planning might not be on it, but it's not hard to do a planning search. Most councils make planning data available online,and if not, they can make a request direct to the Planning Dept.

Point is, if the buyer wants to check, let him check!

CBN

An update. Buyer's solicitor unhappy with both responses so wants me to pay for a:

- Failed environmental search policy
- Restrictive covenant indemnity policy

After negotiations on who pays (both I and buyer happy to pay to get this over the line, both value time over money it would seem...!), these have been put in place and final stage appears to be getting lender to give the ok.

Is that a penalty kick, or are they likely to come back and refuse the environmental search policy and say we'll need to get original planning details etc?

Anyone have any experience of this sort of thing?

G_M

The insurance companies just rake it in! These policies never pay out (I doubt anyone ever even tries to claim) - money for nothing.

Wish I could set up a similar business.

LeoTLion

G_M wrote: »

The insurance companies just rake it in! These policies never pay out (I doubt anyone ever even tries to claim) - money for nothing.

Wish I could set up a similar business.

Totally agree, unfortunately when you have a sale worth hundreds of thousands of pounds riding on it you're in a position where you can't say no.

Insurers and solicitors working together to the detriment of the consumer.

Thrugelmir

Our client was not advised of any potential contamnination when they purchased he property.

Search data is constantly being updated and revised.

In years gone by people simply buried stuff!