Might lose contract exchange due toBuilding regulations certificate delay

afroman32

Hi

We currently in the process of buying a new home and we are at contract exchange phase, by now we should have exchanged contract and move in. But our solicitor is saying we cannot exchange contract until the developer get a Building Regulation Certificate. The developer solicitor are saying they have an NHBC cover and we can get the Building Regulation Certificate post completion. 

Our Solicitor contacted Preston Council 2 weeks ago and the Council said they are yet to issue the certificate to the developer because there are still outstanding document that the developer need to provide. The Council said they sent the list of outstanding items to the developer on the 22 January 2020 and they are yet to hear back. Some of the things requested from the Council are; Air test certificate, gas installation certificate, electricity certificate and so on and few terms and condition. 

We asked our solicitor to proceed without the building regulation certificate but she is insisting that the house is not saleable without that. Everyone in that development has all moved in and they were able to complete because they used the solicitor recommended by the developer.

We feel maybe our solicitor is making things hard for us and which might make us to lose the house as we planned to move into the house before our wedding which is not looking visible now. 

I hope to get an advice here and also if we can proceed without the building reg or change our solicitor.

AdrianC

Remember your solicitor acts for your lender, as well as for you.

The developer hasn't completed the work the council want them to do. Without that work, the council won't sign the property off as being finished to an acceptable standard. I'd say it sounds like your solicitor is doing their job properly, and this is a higher priority than worrying about whether you'll be moved in before or after your wedding, but...

TGTBT

afroman32 said:

Hi

We currently in the process of buying a new home and we are at contract exchange phase, by now we should have exchanged contract and move in. But our solicitor is saying we cannot exchange contract until the developer get a Building Regulation Certificate. The developer solicitor are saying they have an NHBC cover and we can get the Building Regulation Certificate post completion. 

Our Solicitor contacted Preston Council 2 weeks ago and the Council said they are yet to issue the certificate to the developer because there are still outstanding document that the developer need to provide. The Council said they sent the list of outstanding items to the developer on the 22 January 2020 and they are yet to hear back. Some of the things requested from the Council are; Air test certificate, gas installation certificate, electricity certificate and so on and few terms and condition. 

We asked our solicitor to proceed without the building regulation certificate but she is insisting that the house is not saleable without that. Everyone in that development has all moved in and they were able to complete because they used the solicitor recommended by the developer.

We feel maybe our solicitor is making things hard for us and which might make us to lose the house as we planned to move into the house before our wedding which is not looking visible now. 

I hope to get an advice here and also if we can proceed without the building reg or change our solicitor.

Would you still want to live there if the gas/electrical installation wasn't safe?

Your solicitor sounds like he's doing a good job. There is a reason you don't use the solicitor the developer recommends.

afroman32

Thank you all for your response. Was just worried that the developer might say to us that they are not willing to sell us the house again and this would have a negative impact on our finances considering the amount we have spent on valuation, search, reservations and so on. 

But as you all have said. Our solicitor is doing the right job and trying to get the right document. As I wouldn't want to live in a house where the gas or electricity or the wall is not built properly.