Building survey - share or not to share

otmotm

Hi all,
Just would like to get some advice regarding the purchase of a property. After a super LOOOONNNNNNGGGG process of getting the mortgage and the searches returned, we engaged a surveyor to conduct a survey on the property just for our peace of mind. We finally got the report back - and nothing out of ordinary: minor recommendations to get smoke alarm fitted, change a couple of door knobs so they comply with the fire risk, get the FENSA certs for windows and some warranties for building works. Even before the report was available, the vendor already shared all those certs/warranties with us via our solicitor. We are in the final stage of the process and would really like to move on with the exchange, so my question to all of you out there is: do we have to share the survey report with our solicitor (of course - provided we as the buyer accept the survey outcomes including those minor things at our own risk)? If we do that, we can foresee this process dragging on because our solicitor takes forever to send anything out and we have to chase him everyday just to get things moving. 
Thoughts?
Thanks in advance!

FinallyStoppedLurking

No you don't.

otmotm

FinallyStoppedLurking said:

No you don't.

Thanks for your quick answer! So as long as we can live with the findings, it is not a legal requirement that we share the report with our solicitor then?

greatcrested

Correct. it's for your information only. In fact if you share it with your solicitor there is a (very very) small risk that he sees something in it which he feels obligated to inform his other client (your mortgage lender) about, and that might affect your mortgage.

On the other hand, there is also a chance there is something in the report that is of a legal nature which it might be wise for him to know about and hence advise you on. An example from a recent post here was a property that had a septic tank with the drainage field outside the boundary of the property, which has legal implications on the right to use and maintain it.

davidmcn

otmotm said:

FinallyStoppedLurking said:

No you don't.

Thanks for your quick answer! So as long as we can live with the findings, it is not a legal requirement that we share the report with our solicitor then?

Isn't that the same question? What has made you think it might be a legal requirement?

otmotm

greatcrested said:

Correct. it's for your information only. In fact if you share it with your solicitor there is a (very very) small risk that he sees something in it which he feels obligated to inform his other client (your mortgage lender) about, and that might affect your mortgage.

On the other hand, there is also a chance there is something in the report that is of a legal nature which it might be wise for him to know about and hence advise you on. An example from a recent post here was a property that had a septic tank with the drainage field outside the boundary of the property, which has legal implications on the right to use and maintain it.

Ok - this is clear. Thank you!

otmotm

davidmcn said:

otmotm said:

FinallyStoppedLurking said:

No you don't.

Thanks for your quick answer! So as long as we can live with the findings, it is not a legal requirement that we share the report with our solicitor then?

Isn't that the same question? What has made you think it might be a legal requirement?

Same question, I guess
I guess I was just never too sure because in the report there is a section whereby the surveyor stated the points to consult legal advisor. The word 'legal' there made me wonder.

greatcrested

otmotm said:

davidmcn said:

otmotm said:

FinallyStoppedLurking said:

No you don't.

Thanks for your quick answer! So as long as we can live with the findings, it is not a legal requirement that we share the report with our solicitor then?

Isn't that the same question? What has made you think it might be a legal requirement?

Same question, I guess
I guess I was just never too sure because in the report there is a section whereby the surveyor stated the points to consult legal advisor. The word 'legal' there made me wonder.

That's because things like Planning Permission are of a legal nature.

But your solicitor would have no idea that an extension was added to the property last year unless you tell him.

So the surveyor spots that there's an extension while he's doing his survey, and suggests you tell your solicitor to check on the legality of it.

otmotm

greatcrested Understood, and we have compared with the Property form that was filled out by the vendor previously - so the good news is all the building works identified by the surveyor were declared by the vendor also. Since the vendor has shared the paperwork already, and we are not overly concerned by the other minor stuff, we will leave the rest at that
Thank you so much for your guidance!

Tracet74

You should always send a copy to your legal advisor.   If you look in the report, there is Section I "Matters for your legal advisor" so they can check everything the surveyor has found.

greatcrested

Tracet74 said:

You should always send a copy to your legal advisor.   If you look in the report, there is Section I "Matters for your legal advisor" so they can check everything the surveyor has found.

OP asked " do we have to share the survey report with our solicitor " and the answer is : No. It is not compulsory.

If the OP is satisfied and confidant that there is nothing in the report requiring further legal advice, there is no need.

Of course, if the OP has any doubts, or does not understand everything, then legal advice is advisable.