New purchase and restrictive covenant

leon103

Spoke to sellers who are happy to get building consent. Seller believes a completion certificate was issued and she believes was in a box of paperwork that her ex took when she bought him out.

leon103

despite my above post things aren't going so well. despite what the seller said the reply from their solicitor is that they won't being applying for retrospective planning control so we have replied saying without it we aren't proceed. disappointment is an understatement

Slinky

Are you only wanting this particular house otherwise you won't move? Are you in a chain?

Patience could be the key here. If you won't proceed without the certificate, there are plenty of others (myself included) who won't either. This one may come back to you after a few fruitless months have passed. Let the vendor know you are still interested if they can get the certificate.

A few months from now you could be buying it at a further reduced price if you play your cards right.

leon103

we have a sale agreed for our house. no chain on that end. we had a great deal on the sale hence why we are pushing for this hiuse. we live in a rural location and there is nothing else that ticks all of our boxes within budget.

The seller text this morning and we pointed out that we won't move without it and she is adamant that there is one and her ex destroyed all paper work prior to leaving. she said she didn't tell her solicitor that she wouldn't get the certificate. although she has since come back saying that our solicitor isn't concerned. argh I hate liars.

nevertheless they are ploughing through the list of work that they agreed to complete. painters and electrician there today.

betsie

Can!!!8217;t you contact building control at your local council to see if it was signed off. They will have all the details and if it is signed off it!!!8217;s no big deal to get a new cert. if it isn!!!8217;t signed off but checked upto a certain point they can advise further - it maybe that it was only something minor left to complete to get it signed off.

leon103

not really my role, it should be them doing it, but I will check now. it came up on local searches that there isn't a cert so I guess the local authority don't have it

davidmcn

betsie wrote: »

Can't you contact building control at your local council to see if it was signed off. They will have all the details and if it is signed off it's no big deal to get a new cert. if it isn't signed off but checked upto a certain point they can advise further - it maybe that it was only something minor left to complete to get it signed off.

Bear in mind that contacting the council will invalidate the existing indemnity insurance.

leon103

davidmcn wrote: »

Bear in mind that contacting the council will invalidate the existing indemnity insurance.

Yeah I know. it's worthless to us anyway.

The woman I needed wasn't in until monday

leon103

davidmcn wrote: »

Bear in mind that contacting the council will invalidate the existing indemnity insurance.

On that point. how does the insurance company and/or the seller find out if someone has enquired. I doubt the council would him out and take action. sounds like there is one person doing all of building control

Badger50

leon103 wrote: »

Are the successor in title those that own properties on the estate?

Yes, but in practice only near neighbours would be able to enforce the covenant, and since they haven't objected in 10 years it's extremely unlikely they would succeed in getting the house removed or even get damages. If one or more of them had objected when the house was at the planning stage they might well have been able to get an injunction to stop it - but it's too late for them now. That's why you can insure against it so cheaply - the risk is very low indeed.

The lack Building Regs. is a much bigger concern.