Buying a property and I have some concerns

ucl1986

First post here. 
I put an offer in for a 4 bed semi detached in Surrey approximately 3 months ago, and this was accepted. We are in the conveyancing process at the moment and a few issues have arisen:

1) No building regulation approval for removal of load bearing internal wall and conversion of garage to study room. The seller claims that this work was done in 2010 but has provided no formal proof (e.g. invoices/receipts for materials). The seller is a builder by profession, and therefore claims that he did not need building reg approval since he is a professional builder. Of course, this reasoning is BS. The seller has refused to get retrospective building reg approval. 
2) The windows in the house were replaced 3 years ago (again no evidence to back this up). Upon viewing the house (before putting an offer in), the EA told us there were 7 years of warranty remaining on the windows. Turns out there are no FENSA certificates and no warranty. 
3) The level 3 building survey shows staining and water ingress on the flat roof of the single storey extension  and that urgent repairs are required. I received 2 quotes from independent roofers for the repair cost. Both estimated in the region of 10k. I have asked the vendor to deduct this amount from the agreed price. The vendor claims that he has performed repairs a few years ago (no evidence provided) and has refused to negotiate on the price and wants to perform DIY repairs to the roof himself for the loose and worn lead flashings.  I am not comfortable with the seller performing repairs on a house that he is potentially moving out of in a few weeks time - there is a clear conflict of interest. It's like asking someone to perform an important task on their last day at a company. 

The combination of all of the above items is making me question my purchase and thinking whether i would be better off just walking away. In the short term, I would forego any stamp duty benefit, but in the long term i am worried that i could end up inheriting a lot of issues with this house and have trouble selling it on in the future due to the above issues. I am chain free (not selling my current flat), whilst the vendor has an onward purchase, which makes me think that he has more to lose. 

What are everyone's thoughts? Are these issues really show stoppers?

user1977

ucl1986 said:

The level 3 building survey shows staining and water ingress on the flat roof of the single storey extension and that urgent repairs are required. I received 2 quotes from independent roofers for the repair cost. Both estimated in the region of 10k. I have asked the vendor to deduct this amount from the agreed price.

£10k seems a lot. What does that actually include? If you'd effectively be getting a new roof, there's an element of betterment there (i.e. you were originally expecting a second-hand, albeit non-leaky, roof) so asking for the full £10k off seems ambitious.

macman

i wouldn't consider them showstoppers, but given your vendor's attitude and actions, I'd be wondering what else has been bodged up or not revealed to you? Anyway, if you are asking for a £10K reduction and he won't move at all, then negotiations are effectively at an end anyway.
If he won't apply for retrospective BR approval then that may indicate that he does not think it would pass.

Sunsaru

Personally, I would walk.

AdrianC

ucl1986 said:

1) No building regulation approval for removal of load bearing internal wall and conversion of garage to study room. The seller claims that this work was done in 2010 but has provided no formal proof (e.g. invoices/receipts for materials). The seller is a builder by profession, and therefore claims that he did not need building reg approval since he is a professional builder. Of course, this reasoning is BS. The seller has refused to get retrospective building reg approval.

The work was done 11yrs ago. Is there any sign it was not done in a competent way?

The work is way out of LA enforcement time for lack of BR sign-off.

2) The windows in the house were replaced 3 years ago (again no evidence to back this up). Upon viewing the house (before putting an offer in), the EA told us there were 7 years of warranty remaining on the windows. Turns out there are no FENSA certificates and no warranty.

So the windows have no warranty... Most don't.

Same comment for out of LA enforcement time.

3) The level 3 building survey shows staining and water ingress on the flat roof of the single storey extension  and that urgent repairs are required. I received 2 quotes from independent roofers for the repair cost. Both estimated in the region of 10k. I have asked the vendor to deduct this amount from the agreed price. The vendor claims that he has performed repairs a few years ago (no evidence provided) and has refused to negotiate on the price and wants to perform DIY repairs to the roof himself for the loose and worn lead flashings.  I am not comfortable with the seller performing repairs on a house that he is potentially moving out of in a few weeks time - there is a clear conflict of interest. It's like asking someone to perform an important task on their last day at a company.

If he'd DIYd the work the day before your surveyor visited, you would be none the wiser, right?

He's a builder. If he was the next-door neighbour, instead of the vendor, would you be happy if the vendor contracted him to do the work and provided you his invoice to show it's been done? Indeed, would you contract him post-purchase?

ucl1986

AdrianC said:

ucl1986 said:

1) No building regulation approval for removal of load bearing internal wall and conversion of garage to study room. The seller claims that this work was done in 2010 but has provided no formal proof (e.g. invoices/receipts for materials). The seller is a builder by profession, and therefore claims that he did not need building reg approval since he is a professional builder. Of course, this reasoning is BS. The seller has refused to get retrospective building reg approval.

The work was done 11yrs ago. Is there any sign it was not done in a competent way?

The work is way out of LA enforcement time for lack of BR sign-off.

2) The windows in the house were replaced 3 years ago (again no evidence to back this up). Upon viewing the house (before putting an offer in), the EA told us there were 7 years of warranty remaining on the windows. Turns out there are no FENSA certificates and no warranty.

So the windows have no warranty... Most don't.

Same comment for out of LA enforcement time.

3) The level 3 building survey shows staining and water ingress on the flat roof of the single storey extension  and that urgent repairs are required. I received 2 quotes from independent roofers for the repair cost. Both estimated in the region of 10k. I have asked the vendor to deduct this amount from the agreed price. The vendor claims that he has performed repairs a few years ago (no evidence provided) and has refused to negotiate on the price and wants to perform DIY repairs to the roof himself for the loose and worn lead flashings.  I am not comfortable with the seller performing repairs on a house that he is potentially moving out of in a few weeks time - there is a clear conflict of interest. It's like asking someone to perform an important task on their last day at a company.

If he'd DIYd the work the day before your surveyor visited, you would be none the wiser, right?

He's a builder. If he was the next-door neighbour, instead of the vendor, would you be happy if the vendor contracted him to do the work and provided you his invoice to show it's been done? Indeed, would you contract him post-purchase?

Thanks for your comments. 

On point 1, I am not really worried about LA enforcement as it's a highly unlikely event. The level 3 building survey did not note anything major apart from the fact that lack of building regulations may make it difficult to sell the house in future. Of course, i wouldn't expect the survey to show anything since it's non-intrusive and there is no way for the surveyor to know whether, for example, there was a course of damp proofing on the garage conversion or whether the RSJ was installed correctly for the wall removal. I also have no proof that the work was done 11 years ago apart from seller's word. Do you think the lack of building regs will be problematic when i come to sell the house in the future?

On point 2, is it also common for windows to lack a FENSA certificate?

On point 3, i would be more comfortable if an independent roofer did the work. 

ucl1986

user1977 said:

ucl1986 said:

The level 3 building survey shows staining and water ingress on the flat roof of the single storey extension and that urgent repairs are required. I received 2 quotes from independent roofers for the repair cost. Both estimated in the region of 10k. I have asked the vendor to deduct this amount from the agreed price.

£10k seems a lot. What does that actually include? If you'd effectively be getting a new roof, there's an element of betterment there (i.e. you were originally expecting a second-hand, albeit non-leaky, roof) so asking for the full £10k off seems ambitious.

It is a full repacement of the covering and flashings as per the recommendation of the surveyor. 
Bear in mind that the sale price is 875k, meaning the proposed price reduction is only 1.1%. 

AdrianC

1. It's not a big issue now. In time, it'll become even less of one.
2. If they haven't been done by a FENSA installer, yes. Doesn't necessarily mean they've not been done well.
3. Such is your prerogative.