Buying property

Npatel_2

Hello
I'm in process of buying a property, the seller does not have all the the document for the planning permission required for the extension carried out to the propera? seller says that the extension was already build when they bought the property 10 year ago? but now my solicitor are asking the seller's solicitors to provide with all the required planning permission or asking them to buy an indenmity policy on the proper? Now we had not heard from the seller's solicitors till yet? Just was wondering what if they says that they don't want to buy the indemnity policy? so is it a good option to buy that property and what if I can ask to council to do a survey on the property and if the extension is not safe I can demolish it and get a new permission and build again?
Need some advice?

nicmyles

Quite a lot of questions there.

Basically, an indemnity policy only covers you against the council asking you to change/remove the structure. Realistically they are never going to do that unless someone complains about it, and maybe not even then if it's 10 years old.

So the indemnity policy isn't really worth much, but it seems to make solicitors happy. It doesn't cover you against, e.g. the workmanship being poor and the extension collapsing (but if it's been up for 10 years, it probably isn't going to).

Vendor would be mad to refuse to buy one. They're only about £100 (depending on the value of the property).

You cannot have an indemnity policy if the council is aware of the issue, so you shouldn't communicate with them about this - that's really potentially causing problems for your vendor.

You could if you want request that the vendor apply for retrospective planning permission (if planning permission was even required, which it isn't for many extensions) or to get building control to assess it and sign it off. They'll probably say no.

I think if you're concerned you should probably get a trusted builder round to take a look at the extension and assess it - what did your survey say about it, if anything?

Davesnave

10 years is too long ago for any enforcement as regards planning, but there is no time limit on being required to comply with with building regulations. However, the council is unlikely to take action on that either, unless the structure is unsafe.

So, the real problem you have is knowing how well the extension was built, as no one inspected at the various stages of the build. You have to ask yourself why there was no such inspection and whether this hints at sub-standard workmanship.

After 10 years, major faults should have come to light, so a full structural survey to look for tell-tale signs would be advisable, but one can never be 100% certain that problems aren't being hidden.

It is also virtually impossible to check matters like structural alterations without disturbing decor in a major way, so it's unlikely that the council would be afforded facilities to check the structure and sign it off before you commit to purchase.

dc197

nicmyles wrote: »

Quite a lot of questions there.

Heh heh, not really? Just a lot of question marks? Instead of period marks?