Buying House, Planning Permission and Builidinbg Regs Issue

big_trev

I've had an offer accepted on a a house, a 4 bed detached, looks to be in excellent condition. Mortgage valuation down valued it by 30K, but we really wanted the house, so were proceeding for now as we will be able to make up the mortgage short fall, and absorb that. Vendors refused to budge on price at this point any way.

The solicitor though has come back to us on an issue with the property. According to the planing permissions available on line, there are several planing applications.

2004 Ground Floor Rea Extension
2007 Raise Roof, side extension, second floor extension - withdrawn
2008 Demolish existing bungalow, and re build 2 storey dwelling.

The house that looks to be standing now appears as the plans of the 2008 rebuild.

Current vendors purchased property in 2012, and i am led to believe they knew the previous owners who did the work in 2008. Google streetview shows house there in 2009 ,with builder out side.

So here is where it gets interesting, there is no Building Regs Sign off for the 2008 re build. There is however a completion certificate for the RaiseRoof, side extension etc, dated 2012.

There is also Building Regs sign off for the 2004 Rear extension, but this was issued in March 2015. yes thats right, 6 monthes ago.

Vendors are refusing to provide any further info, or go to the Solictiors they used during their purchase, saying if we want any more planning info, we should get it our selves, and are surveyor can confirm all is ok.

So heres the problem, the Solicitor says she can not determine when property was built, and if any alterations etc meets meet the regulations, so she can not confirm that all consents are in place, so the mortgage co will not be able to release funds.

Thoughts? Should we just run a mile from this. Is the solicitor being pedantic?

And to top it all off, when i mentioned to the vendor we were sending another surveyor round, her first reaction was that it would take to long and she may as well re market. (even though i just found out the surveyor for the property they are buying has only just been instructed)

So yes, just typing this in makes me think run a mile. I'm considering cancelling my full structural, survey, saving the money and walking away, no point if we cant get the paperwork for the mortgage.

Thanks

Doozergirl

I think you're right.

The vendor has to make some effort to conclude the sale. The planning issue is a huge one and if they won't co-operate then you will have no choice - literally no choice - but to walk away.

If your solicitor is warning that no mortgage is available without the correct paperwork or a proper explanation, then you will throw good money after bad. A new build also requires a 10 year warranty for mortgage surity.

The paperwork has to obtained. We can make assumptions from the vendor's behaviour that they're being rather too defensive, but all you can do is ask your solicitor to write outlining the gravity of the situation and see if they pull their finger out.

The ball should definitely be in their court, not yours.

And I'd keep looking. It doesn't sound very hopeful.

G_M

Don't waste money sending your surveyor back.

Unless, of course, the vendor agrees to pay you his fee, upfront.......

And I mean, 'pay you'. The surveyor must be employed by you, not the seller.

Some hope I suspect :rotfl:

silvercar

If the sellers don't sort it out they won't be able to sell to anyone, so it is in their interests to get it sorted.

big_trev

Lets say we wanted to resolve this, how could we determine when the property was built, and or if it was demolished or extended? Is it possible for a surveyor to do this? Can this paper work be retrospectively applied for?

DaftyDuck

The only way to resolve this successfully would be with the vendor's full cooperation, which you don't have. Without that you risk considerable expenditure that might benefit them, not you, and no real prospect of a result.

Get their full cooperation or walk. Probably just walk.

rachel123417

SOMEONE PLEASE HELP ME!
I have a property that has planning permission, no building regs cert has been issued and it was never signed off by the council, long story short i split from my partner and just walked away. the property has now been finished and he has been living in the property for the past 11 years! I want to sell the property but.... ive contacted the council and they have said that 11 years has passed and they will not sign off on the property now, ive been in contact with a surveyor and they will do inspections for indemnity, i then contacted a indemnity insurance company who said that because the property was a new build and its been erected for 11 years indemnity would not work.... someone please help and advise as im at a loss what to do now to get the property sold. estate agents, auctions and mortgage lenders will not put the property on the market or lend against it because it has no building regs cert