Failure to supply documents to extension

Chi-me

Hello,

Please bear with me, I'm new to all this.

I'm a first time buyer and trying, for almost 3 months, to buy an old house that the seller had previously rented out. Three weeks ago my solicitor sent further enquiries relating to a small extension. After much chasing their solicitor finally responded but failed to return the requested documents relating to that work which is, presumably building regs documents.

Speaking to a friend who had a similar situation some years ago she asked whether an indemnity can be signed in absence of the documents? So that's my question really after all that. Can an indemnity protect in the absence of knowledge or documents relating to building work or will the sale be prohibited?

The friend in question had a potential purchase withdrawn as her seller hadn't applied for planning or had building regs involved for a large conservatory on the property. My purchase is within .Gov.uk planning size, checked this already. Got me worried now though :sad:

Sorry for what is probably a naive FTB rant but I'm feeling helpless, I was so excited to get going too

davidmcn

An indemnity insurance policy. Yes, depending on the circumstances. How old is the extension? And why isn't your solicitor discussing any potential solutions with you?

Stultus

Personally, even though I know it’s frustrating because of the delay already, I would push for the building regs sign off. It’s not just about will the council ask you to pull it down, what if there’s no circulation so likely to cause serious damp? Or it’s been dangerously constructed therefore putting you and your family in danger?

Ask the seller for the documents and tell them you will wait for them to get building regs sign off before exchanging if they don’t already have it. Otherwise, look at how much the property is worth without that extension and ask for a discount to reflect how much it would be worth if you find you can’t get a sign off yourself.

Chi-me

I get quick replies from the solicitor such as 'we raised further enquiries' via email. They are rubbish! We went via the moneysupermarket portal, no completion no fee, so we think they are doing the minimum as it's a set rate too. We dont know the age of the extension, the kitchen and bathroom within are very dated so possibly 1980s.

We have had surveys done searches done etc so want this finished. I emailed today asking them to seek an indemnity so hope that may spark a more detailed reply. The estate agent keeps me updated but when things are at a crawl it isn't frequent. We may pop in this week to have words though.

Chi-me

Thank you, very true. I saw docs in my solicitor package relating to building regs signed off and dated but I think a loft conversion wont comply, possibly due to a loft ladder rather than fixed staircase. I will go back and check that.

davidmcn

Chi-me wrote: »

We dont know the age of the extension

Well, ask somebody who has a better clue - what did your surveyor think?

the kitchen and bathroom within are very dated so possibly 1980

In which case it's well beyond time limits for planning or building control to enforce any lack of consents - so an indemnity policy is largely pointless as nobody's ever going to knock on the door asking you to knock it down, but it's the usual way of ticking the box for your mortgage lender.

davidmcn

Stultus wrote: »

look at how much the property is worth without that extension and ask for a discount to reflect how much it would be worth if you find you can’t get a sign off yourself.

If it contains the kitchen and bathroom, then the property (for mortgage purposes) would be worth zero without them.

But in practice that isn't how anybody views these things - if it's decades old then it is what it is, people don't retrospectively try to make a 70s/80s extension comply with modern building regulations (unless they actually want to knock it down and start again). It would be as daft as trying to do the same for the rest of the house (assuming it's significantly older)

Cakeguts

You need to ask your surveyor about the extension. What you are trying to find out is if it has been build properly because if it hasn't then you could be in for a lot of expense.

societys_child

been build properly

Having stood there for almost 40 yrs, I'd say it sounds like it was indeed built properly.