Help with house buyers being difficult

lottie225

Hi,
I need a bit of advice from someone really. I'm selling my house, and we've got a buyer and we've had all of the surveys etc. done. The house is a bungalow with a converted loft room, that was in place when we bought the house in the 80s. Our buyers, who were previously happy with the results of the surveys, have approached our solicitors and said that if we can't find proof that the loft was converted 'properly and with the appropriate permission' then they want another £25k dropped from the price (they already had £25k reduction early on in the negotiation process).
My problem is that I've spoken to the council and they don't have any such records, only the original planning application. As the loft was already converted by the time we bought the property, we don't have any such documents either.
Do you think the buyers are within their rights to ask for this reduction? Is there anything anyone thinks we can do about it? Thank you so much for your help,

Sincerely,
A very frustrated seller!

Sky_

Your solicitor is the best person to advise, but I'd expect the buyer's solicitor to ask you to buy indemnity insurance and leave it at that.

Unless you're really desperate to sell, I'd be telling the buyers 'no thanks, I'm remarketing the house now'. They sound like chancers and I'd be worried about them gazundering me again, just before exchange.

Hoploz

How have you advertised the loft room?

If it was converted so long ago, it may have been done before the modern building regs system which came in in the 1980's. What date is on he planning permission?

The answer to their question may well be 'yes, it was converted properly with the appropriate permission.'

marksoton

They can ask for whatever they want. Doesn't mean you have to give it to them. I wouldn't.

£25K based on that is taking the proverbial.

AnotherJoe

The fact it's been there for donkeys years means it OK planning permission wise, so the only issue would be, if it needed work due to being unsafe or otherwise needing major work.

That seems very unlikely since you haven't mentioned it, So I certainly wouldnt take such a massive drop in price again, I suspect these jokers will keep messing you around anyway, so just say that you can't afford to sell it at any less, so unless they wish to proceed it's back on the market tomorrow. And then be ready for a last minute gazundering so it doesn't phase you when it happens.

lottie225

Hoploz wrote: »

How have you advertised the loft room?

If it was converted so long ago, it may have been done before the modern building regs system which came in in the 1980's. What date is on he planning permission?

The answer to their question may well be 'yes, it was converted properly with the appropriate permission.'

Hi, it was advertised as 4 and a half rooms because of the loft room. I haven't got the planning to hand for the exact date, but it was from 1962. Does the date of conversion make a difference to whether it was conducted properly or not?

lottie225

AnotherJoe wrote: »

The fact it's been there for donkeys years means it OK planning permission wise, so the only issue would be, if it needed work due to being unsafe or otherwise needing major work.

That seems very unlikely since you haven't mentioned it, So I certainly wouldnt take such a massive drop in price again, I suspect these jokers will keep messing you around anyway, so just say that you can't afford to sell it at any less, so unless they wish to proceed it's back on the market tomorrow. And then be ready for a last minute gazundering so it doesn't phase you when it happens.

Hi,
Yes there are no problems with the room structurally or otherwise, so that's not an issue. Thank you for your advice on the price drop, it's very helpful

AnotherJoe

1962????? They are having a giraffe.

They are just turning the screws on you because they know you have a buyer and think you are in a vulnerable position. . Expect to have to find new buyers either right after you tell them no, or if they continue the day before exchange when they cook up another pathetic excuse.

glasgowdan

We've just bought a house exactly the same. All we needed was proof when it was done, which the sellers found with some builders receipts. Without proof they'd probably want an indemnity policy, but it's unlikely to be required. Sounds like the house is fine, the room is legally a bedroom and they've no grounds for a reduction here. Don't give it to them.

G_M

lottie225;71203407
Do you think the buyers are within their rights to ask for this reduction?
Yes, of course. They can ask for anything they want.
Is there anything anyone thinks we can do about it?
Yes, refuse!
Thank you so much for your help,

Instruct your estate agent (assuming you used one) to

* explain to the buyers that Planning enforcement by the council is impossible after 4 years from completion of the work
* explain to the buyers that Building Control enforcement by the council is impossible after 12 months from completion of the work
* tell the buyers you are not willing to reduce the price
* start marketing the property again unless the buyers re-confirm the original price agreed and show evidence of progress in their purchase



Building Regulations enforcement:


the Building Act 1984 section 36:


A section 36 enforcement notice cannot be served on you after the expiration of 12 months from the date of completion of the building work. A local authority also cannot take enforcement action under section 36 if the work which you have carried out is in accordance with your full plans application which the authority approved or failed to reject.


Planning Permission



A breach of planning control is defined in section 171A of the Town and Country Planning Act 1990 as:
the carrying out of development without the required planning permission;


Development becomes immune from enforcement if no action is taken:

• Within four years of substantial completion for a breach of planning control consisting of operational development;
• Within four years for an unauthorised change of use to a single dwellinghouse;
• Within ten years for any other breach of planning control (essentially other changes of use).

These time limits are set out in section 171B of the Town and Country Planning Act 1990.

KiKi

They want evidence from 1962?!?!?!?
Decline and move on! Ridiculous.