Lack of Building regulations for removal of chimney breast done 20 years ago

Surrey_EA

checks123 wrote: »

Thank you for your advice. We still don't know whether the lender will go ahead or not. Our mortgage advisors are different and our solicitors are different. The mortgage advisors haven't raised this as a concern and we have our mortgage offer already. Or solicitors do know that we have contacted the council with the exact address. But are there any chances that the council will actually enforce an action?

Almost certainly not.

These indemnity policies are a total utter waste of time, particularly for a situation like this. As others have said, if the work was not adequately carried out it is certain there would be some evidence of it by now.

However, an indemnity policy may be the only way of keeping the mortgage lender happy.

checks123

We already have the mortgage offer. Can the mortagage lender take his offer away?

martinsurrey

checks123 wrote: »

Thank you for your advice. We still don't know whether the lender will go ahead or not. Our mortgage advisors are different and our solicitors are different. The mortgage advisors haven't raised this as a concern and we have our mortgage offer already. Or solicitors do know that we have contacted the council with the exact address. But are there any chances that the council will actually enforce an action?

You're more likely to win the lottery without buying a ticket, than they are to take any enforcement action.

By the sounds of it, everyone is happy to proceed, apart from you.

as long as you had a survey and nothing was raised, you have no real reason to be worried.

checks123

Also, can someone suggest - if there were problems to be found on the structure - what estimate would we be looking at to spend? This would involve structural engineer, builder and local authority costs. This is the amount I would like to renegotiate with the seller.

checks123

Haha thank you for the assurance! Yes I believe everyone else is happy to proceed! I am just terrified!

Surrey_EA

checks123 wrote: »

We already have the mortgage offer. Can the mortagage lender take his offer away?

It is likely that there will be conditions within the mortgage offer, that your solicitor (who will also be acting on behalf of the lender) needs to verify any relevant work to the property has been carried out in accordance with building regulations, and has the certificates to prove it.

Surrey_EA

checks123 wrote: »

Also, can someone suggest - if there were problems to be found on the structure - what estimate would we be looking at to spend? This would involve structural engineer, builder and local authority costs. This is the amount I would like to renegotiate with the seller.

At the risk of labouring the same point, if there were problems with the structure is it likely that there will now be some visual evidence, given over 20years has passed since the work was carried out?

david1951

The situation usually is that the solicitor (who acts for the lender as well as the buyer) is required to satisfy the conditions set out by the lender in their mortgage offer. One of these is that all necessary consents are obtained.

See here at paragraph 5.1.1: https://www.cml.org.uk/lenders-handbook/englandandwales/

Importantly, the last paragraph states:

If there is evidence of such a breach 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.

So, usually your solicitor should not end up insisting on the indemnity, especially in a case like this. If they do, then point them to this section and ask what they need to satisfy their professional judgement. In most cases a short statement from the surveyor will be enough.

martindow

As the surveyor flagged this up I'm sure he will have had a good look around for signs of movement - cracking, brickwork out of line, recent pointing, etc. - which would indicate a problem. Surveyors don't confirm that the structure seems strong and supported and shouldn't be a problem if they have any doubts.

That plus the fact that over 20 years have passed suggests that the work was done well. I don't think the seller is going to be very keen on negotiating a reduction in the price for what appears to be a non-existent problem.

Davesnave

checks123 wrote: »

Also, can someone suggest - if there were problems to be found on the structure - what estimate would we be looking at to spend? This would involve structural engineer, builder and local authority costs. This is the amount I would like to renegotiate with the seller.

I doubt if you will be able to re-negotiate the full cost of something you have no evidence needs doing or, in the light of your further investigation, you might never do. However, as it could be just a couple of gallows brackets and a few days work, who knows?

The seller has lived there x number of years without needing to do anything.

In your favour is the distinct possibility that this will come up if they sell to someone else.