Fire Safety and Mortgages help!!

gmays04

Hello Everyone,

I will try and keep this as short as possible but any help appreciated.

First time buyers buying our first flat. Offer accepted back in May, Mortgage offer received in June...we have only just got to the final stages (Probate came into it which delayed it significantly!) Our management company for the building have done a self assessment for the fire regulations for the building (its not a legal requirement for the type of flats and number of 'workers' they have apparently?) The director of the company is CMIOSH chartered and I was pretty happy with the fire assessment given. (No Combustible items in the hallway, made of brick, no cladding etc) but our solicitors are saying it isn't satisfactory, but the management company are saying it is they are not prepared to get an official one done.

Our solicitors are saying it isnt good enough and we have went back to say we are happy to proceed with what they've given us as we agree that the risk is low (surely someone who is CMIOSH chartered would know whats safe and what isnt?) BUT they have now come back and completely scare mongered us by saying they need to contact Natwest as they may not be happy to give us a mortgage on this basis!! :eek::(

I guess im looking for advice as my anxiety is now through the roof. I am petrified that natwest will refuse us our mortgage now. I have read our mortgage offer terms and conditions, plus the survey they did on the property and it makes no mention of needing a fire safety assessment and the valuation didn't even raise it? Nor where they asked to look into it by Natwest. Can someone tell me what's likely to happen? are they going to take the mortgage off of us now? is there a chance we aren't going to be homeowners?

I am currently 8 months pregnant, living with my parents and I am extremely emotional! Any advice appreciated

thank you

pramsay13

I don't understand.
Your solicitor is looking for an official fire risk assessment when it isn't being asked for by mortgage company?
Even thought I don't see why it would be required, if it's holding things up why not pay to get one done yourself?

gmays04

Hello,

yes they are the ones that have been requesting it. I do not feel one necessary, its a 4 storey building with 16 flats (4 flats on each level) and the self assesment done by the director of the company seems satisfactory to me. I am happy to proceed. Natwest haven't asked for one, it is purely the solicitors.

We offered to get one done at our expense but they keep telling us we have to wait for a response from Natwest and now I am panicking like crazy.

gmays04

also, I would like to add - that one of my husbands work friends bought the flat directly above us at the same time back in May, he moved in over a month ago and his solicitors were happy with the self assessment of the building and didn't have any of this palava!

ACG

Call around some solicitors, find out if they would have the same requirement, if not, ask if they will accept searches carried out by another solicitors.

Call Natwest, update your solicitors.
The searches and things can be transferred over to the new solicitor so you will not incur any costs there - although you may have to pay the solicitors for the work they have done. So overall it will probably cost you more but it overcomes the issue.

The alternative would be to speak to someone higher up and ask if you can write the solicitors a letter to explain you are aware of the implications of this not being carried out (assuming you are aware of the implications) and that the solicitors have explained them to you (again, assuming they have or will) and you will not hold them accountable?

davidmcn

Ask your solicitors exactly why they think such an assessment is necessary.

kingstreet

Wait and see what NatWest's response to the solicitor is. They may not be bothered and then the solicitor can treat anything it says to you as advisory only.

Remember, your solicitor is also acting for the lender so it may feel it necessary to report an issue and get feedback to cover itself.

gmays04

Thank you all! I have went back to the solicitors and said we are happy to proceed based on the self assesment through our own choice. We will just have to wait and see what Natwest say but im hoping it doesn't mean we loose our mortgage x