No Building Regs 6 Yr Old House - Deal Breaker?

pimento

So this rumbles on and on.  The NHBC has said they have the building regs sign off so that is solved but now my solicitor has said that before we can exchange, she needs to see:

... confirmation that all planning conditions in the original planning permission were complied with.

and

... confirmation that all conditions under the Section 106 Agreement between the Developer and the Council have been complied with.

This is a six year old house on a large estate built by a very well known developer and houses sell very quickly (in fact three have sold and completed in the four months we have now been trying to buy ours).  Is she nit picking?  Would an indemnity policy cover us in the event that the vendor can't/won't provide the information?

I'm getting a bit fed up now.  Anyone had anything similar happen to them?

davidmcn

pimento said:

Is she nit picking?

Yes, as any such conditions would (probably) apply to the whole estate - so they've either been complied with or if not, the council are obviously not bothered about it. Council or the developers can probably confirm everything's fine though might not answer very quickly. This sort of query could have been raised long before now though.
Are there any conditions which actually raise concern, or is it just stuff like the planners are to approve materials before the houses get built etc?

pimento

To be fair, I think she did raise the enquiries right at the beginning and the vendor's solicitor hasn't answered them.
I don;t think there are any actual conditions that she's aware of, it's just belt and braces stuff.  To be honest, I was more worried about the Section 38 stuff but that apparently isn't a problem.
I did ask what would happen if we decided to exchange anyway and she said that was our right but would be against their advice.
What would you do?

davidmcn

pimento said:

To be fair, I think she did raise the enquiries right at the beginning and the vendor's solicitor hasn't answered them.
I don;t think there are any actual conditions that she's aware of, it's just belt and braces stuff.  To be honest, I was more worried about the Section 38 stuff but that apparently isn't a problem.
I did ask what would happen if we decided to exchange anyway and she said that was our right but would be against their advice.
What would you do?

I would just get on with it, unless there's something specific causing concern. This stuff is only useful so you have the answer on file ready to wave at any similarly picky solicitors you encounter in the future. If she's not advising your lender not to lend then she obviously isn't that bothered.

pimento

There's no lender, we're cash buyers.  I am worried about problems when we sell down the line but by then the house and estate will be well over ten years old so planning permission for the original build probably won't be a problem.