+++HELP+++ tough spot with new property

jbainbridge

middleclassbutpoor wrote: »

You need to be comfortable that the house is safe for you to live in... You need to consider if you intend to sell, you are going to find people asking all the same questions as you.

For me ... the above sums it up completely. Don't be rushed by the vendor - other buyers will also ask questions - if you buy it, so will your buyers when you come to sell.

AdrianC

fredster83 wrote: »

- a covenant was found on the property from the 60's which inhibited any future owners from making any structural changes. Covenant was breached as seller had a rear extension done, removed 2 x chimney breasts and started working on a loft conversion which was left unfinished. Seller claims he wasn't aware of this and has offered indemnity insurance

Who is the covenant in favour of?
Indemnity probably isn't needed, or particularly useful - it'll cover the legal costs of the beneficiary of the covenant finding out and coming after you. Which are vanishingly small anyway.

- seller does not have ANY planning permission or building regulations approval for the chimney breasts removal and loft extension. One of the loft purlins has been cut in half to allow for easier loft access, which i believe is not ideal. We're not happy with the lack of documentation, however seller is saying that all work was carried out professionally over 10 years ago therefore there is no longer need to get building retrospective approval.

He's right. That doesn't, though, mean you wouldn't be wise to get a structural survey.

- there is a public sewer within the boundaries of the property. We're not allowed a sewer survey

Who won't "allow" you? If it is a public sewer, though, it's not your problem. Thames Water are responsible.

The seller is putting a lot of pressure on us to exchange before Christmas and insists that he does not need to provide any paperwork.

He doesn't NEED to. You may want him to, and refuse to buy unless he does, but that doesn't mean he NEEDS to. He just risks losing the sale if he doesn't. If he genuinely can't, because it's never existed, then you need to make a decision based on the information available to you - which should include a structural engineer's opinion if you're concerned.

As first time buyers we are worried these issues could cost us in the future

Of course they could. It's a house. Houses are great at "costing you in the future"... It's what they do best...

especially as we see this an investment

DON'T. See it as your home.

and are planning to complete the loft and extend the kitchen further into the garden.

Then whether the pre-existing structure is sufficient may be academic, since you'll almost certainly need other structural changes for those.

I suggested bringing a builder in the property to assess the loft situation but the seller is refusing this.

Such is his prerogative. And it may lose him the sale.

We also can't tell if the chimney breasts were removed safely unless we ripped the plaster board and checked, which the seller does not want to do.

And who can blame him?

I feel like although we are close to complete, there are way to many issues and the seller's attitude is very suspicious.

If you haven't exchanged yet, then you can still vote with your feet.
If you have exchanged, and are just coming towards completion, then it's too late to be having these nerves...

G_M

The issue is not whether the council will come along one day and enforce Planning or Building Regs and make you remove or replace the extension/chimney etc.

They won't. Not after 10+ years. Not even after 4 years.

The issues are:

1) is it safe? Properly constructed? Potential to fall down, move/crack etc?

2) is it to a reasonable standard? eg extension insulated? double or single skin brickwork etc?

3) will your mortgage lender agree to lend?

4) will you have trouble selling in the future?

You need to be saisfied about tose 4 issues, not the actual paperwork

Cakeguts

I see a fair number of posts on here from first time buyers who have seen a great property somewhere. Eventually it turns out that what they mean by great is that the property appears to be "good value for money" as in it seems to be cheap for the area that it is in and the type of property.



There is no such thing as a bargain property. If it appears to be cheap for the area or for the size or type of property then that is because there is something seriously wrong with it which will end up costing any buyer a lot more than a different house in good condition without any problems in the same area.



This sounds like the type of property where an experienced buyer would want either a huge discount or they would walk away and find something else that hadn't been messed about with. The reason why you are being bullied by the vendor is because they know you are first time buyers and they are tryng to get you to buy a problem property as fast as possible so that you will buy it without realising how many expensive problems it has.


You may be worried about losing the money that you have spent on this purchase so far but the surveys have done their job they have showed you that this is a problem property that will cost a serious amount of money to correct probably £1000s more than you would ever get back when you sell.



If this house is a lot cheaper than ones of the same size in the same area there is something seriously wrong with it and it is not the house for a first time buyer.



If you don't want to lose more money find a different house.