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Hi Richard, I assume he's also going by the info in Section 5.5.1 of the CML handbook that states 'If there is evidence of such a breach [of building regulations/planning permission] or matter but in your professional judgment there is no reasonable prospect of enforcement action and, following reasonable enquiries, you are satisfied that the title is good and marketable and you can provide an unqualified certificate of title, we will not insist on indemnity insurance and you may proceed.'
My local BC office won't bring any enforcement action after two years and the property is indeed 'good and marketable'. I appointed him to act on the lender's behalf also, which I take to mean he has to ensure that their interests are met, as well as mine, and he is liable if he fails to do so. Correct me if I'm wrong.
As for patching things up and redecorating, I've agreed to cover the cost, as I would've redecorated anyway. We had a lot of back and forth a few weeks ago when the vendor realised the cost of the regularisation certification process, so I made this concession on the basis that they pay for everything else involved and the cost of any remedial work.0
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