House without Lawfulness Certificate

Veer

Hi All,
I am a first time buyer and having bit of trouble with regards to the house which I have put an offer.
The house was built 7-8yrs back privately by the Owner in the side garden attaching to the old house. Since then the owner has given the newly built house to his divorced wife. While checking the details some of the planning permission documents are missing and they got an architect certificate as warranty (no NHBC certificate)
Solicitors requested vendors for lawfulness certificate, since they didn’t had one, they applied with the local council and after nearly 8 weeks of wait the “council refused to issue the lawfulness certificate”.

• How risky is to proceed ahead with purchase without lawfulness certificate?
• Any alternatives/solution to resolve this problem?

Suggestions required pls, many thanks

eddddy

I doubt you would get a mortgage without a certificate of lawfulness.

Why wont the council provide one? It may be because they don't believe the building has been used as a dwelling for a minimum of 4 years.

e.g. Even though it was built 8 years ago, they may think it has been ancillary to the main dwelling, rather than a separate dwelling.

If that's the case they might take enforcement action to stop you living there.

davidmcn

Veer wrote: »

• How risky is to proceed ahead with purchase without lawfulness certificate?

Seems much riskier now the council are on notice that there's a problem, and have decided that they're not happy with it.

Any alternatives/solution to resolve this problem?

Not really, other than do whatever the council might want done in order to make it lawful, if that's even possible? It's not mortgageable anyway, so I suggest you look elsewhere.

Cakeguts

You can't buy this house. Withdraw your offer and look for a different house.