Issues before completion

Qwop77

Hi all, just looking for some opinions/advice from others please;

We're near completion on a house but two issues have recently come to our attention. We really want this house and we don't want to mess the seller about in any way, but I feel we need to try to sort the issues before we complete as they could be a problem for us further down the line. 

It's an older house and has a garage and driveway like all the other houses on the street. I should've noticed it sooner, but I've only recently realised it's the only house on the street without a dropped kerb. The seller has said that a dropped kerb was an optional extra when the house was built 70 years ago and that while it's been in their family (for most of that 70 years) they've never applied to drop it. I'm concerned about buying the house without the kerb being dropped as it's technically not a legal crossing of the footpath. 

The second issue is an extension that was done many years ago. It's a leasehold house and permission should've been sought from the freeholder but it wasn't. We're concerned now that this might make it less likely for the freeholder to give us permission to make additional alterations to the house. 

What would you do? 

Thanks. 

user1977

Qwop77 said:

The second issue is an extension that was done many years ago. It's a leasehold house and permission should've been sought from the freeholder but it wasn't. We're concerned now that this might make it less likely for the freeholder to give us permission to make additional alterations to the house. 

Why would it make them less likely? Do you think they'll take offence that they weren't asked many years ago about the extension? Have you discussed this with your solicitor? If you haven't yet reached the stage of checking whether any alterations etc have the necessary consents, I'm not sure how close to completion you are.

jonnydeppiwish!

Qwop77 said:

Hi all, just looking for some opinions/advice from others please;

We're near completion on a house but two issues have recently come to our attention. We really want this house and we don't want to mess the seller about in any way, but I feel we need to try to sort the issues before we complete as they could be a problem for us further down the line. 

It's an older house and has a garage and driveway like all the other houses on the street. I should've noticed it sooner, but I've only recently realised it's the only house on the street without a dropped kerb. The seller has said that a dropped kerb was an optional extra when the house was built 70 years ago and that while it's been in their family (for most of that 70 years) they've never applied to drop it. I'm concerned about buying the house without the kerb being dropped as it's technically not a legal crossing of the footpath. 

The second issue is an extension that was done many years ago. It's a leasehold house and permission should've been sought from the freeholder but it wasn't. We're concerned now that this might make it less likely for the freeholder to give us permission to make additional alterations to the house. 

What would you do? 

Thanks. 

Extension I wouldn’t worry about personally. The dropped curb would - you need to measure the driveway depth and check County Council or equivalent policy for driveways and new dropped curbs. Shouldn’t take too much time - google it to start with, and if you need clarification, then call the relevant department on Monday. Chances are it’ll cost you £170 to apply, plus £1500 to drop the curb.

EssexHebridean

Normally when people say “we’re near completion” they mean a date has been set and exchange has taken place - in which case it’s too late for you to bring these concerns up now as you are committed to the purchase. Could you maybe clarify what your situation is as the stage you’re at informs what your options are, if any. 

Qwop77

Thanks for the useful comments 👍 
Sorry, to clarify we haven't exchanged contracts yet. Nothing has been signed.
Thanks.

mi-key

Getting a kerb dropped isn't that expensive, and if all the other houses have them, would be no reason to cause any problems for the council to approve. I imagine as well the previous owners have just been driving over it for 70 years ( not legal, but happens all over the place ).

You need to ask yourself would you want to lose the house, and the money you have spent so far for the sake of spending around £1500 ? Remember as well the house was priced and advertised without the drop kerb, and the current owners won't be getting any benefit from it in the future, so really it is your cost to cover. 

GDB2222

If it’s a long leasehold, you can usually buy the freehold for not much money. It’s a sensible thing to do, anyway. 

I don’t see how you can hope to get your sellers to deal with either of these issues without messing them around in some way? It’s not as if they have hidden the lack of dropped kerb, for example. So, either you renegotiate the deal, or you don’t. 

Others have said that the cost of the dropped kerb is around £1500. The leasehold enfranchisement cost may be similar, but you really need to check that. So, you need to decide whether to absorb the cost yourself or ask for a reduction. I don't think you can get the sellers to deal with this, as it will take months.

mi-key

GDB2222 said:

If it’s a long leasehold, you can usually buy the freehold for not much money. It’s a sensible thing to do, anyway. 

I don’t see how you can hope to get your sellers to deal with either of these issues without messing them around in some way? It’s not as if they have hidden the lack of dropped kerb, for example. So, either you renegotiate the deal, or you don’t. 

Others have said that the cost of the dropped kerb is around £1500. The leasehold enfranchisement cost may be similar, but you really need to check that. So, you need to decide whether to absorb the cost yourself or ask for a reduction. I don't think you can get the sellers to deal with this, as it will take months.

If I was the seller I would definitely see the kerb as nitpicking. It's a bit like agreeing to buy a house that is painted yellow, then going back to the seller saying 'oh I wanted a house that was painted white, can I have £2000 off so I can get it repainted...'

EssexHebridean

One thing to investigate - although ask your solicitor how you should proceed with this - is whether permission for the dropped kerb would be likely to be granted if you applied. If a lot of the houses along the road already have them, the local authority may have a policy of keeping the remainder as available street parking. That is of course another consideration - as things are currently, you could walk out of the door one morning to find your car parked in front of your house on your hard standing blocked in by vehicles parked at the kerbside. 

diystarter7

Hi OP

Re point one. No one has picked on the obvious so I will say it. Phone the council and speak with Higways and dropped kerbs person that will be aware of all of the stuff relating to that. Tell them your story and you may not go ahead if no dropped kerb. They should be able to tell you there and then if applications had been refused or possibly at the same time if allowed or in a few days, you may have to pay a small fee if they send someone out to assess. Then run it via solicitor.

Personally, I would never park on the front garden even if had a paved area if there was no dropped kerb as it is illeagal to do that, well at least in every area of the UK we have lived in.

Re the extention/lease/freehold, that may take a while via a solicitor to get to the bottom of.

So, tomorrow, call the council.

Good luck


Ps: ( a family member of mine bought a massive house,  1920 property, this was on a major main road coming in from their town centre. They knocked it down and built a bigger and better house. The drive, exisitng drive as it was a corner house was on the side road of the house. They wanted one to the front as it made the house look better etc but they were refused and they got a solitor on to ti and they lost nd had to keep the side. NB: there were many larger and small detached propertys on the road that had their drives to the main road. So check as the coucil changes rules.  We were going to buy a detached house in london area xxx - it was was second from the corner, we liked the house and the garage was to the back a trippel garage with a back entrance - we asked the owner why not front and they seller told us the coucil would not llow it becuse it was a main road, (hardly any cars going up and down) What I am saying coucils can make sill decisions so  check and get it in writing

diystarter7

EssexHebridean said:

One thing to investigate - although ask your solicitor how you should proceed with this - is whether permission for the dropped kerb would be likely to be granted if you applied. 

Hi

For the sake of others reading your post, please be aware that , a solicitor is not responsible for deciding if a dropped kerb will be approved or not. It's always the council/Highways/planning department that makes decisions. People can appeal to them but its the council that makes the decisions.

Thanks