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Loft conversion/lease issue

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  • Your last comment I will take on board and it’s a very good way of seeing this situation 
    yuo May get lucky? Can you just explain what you mean as I am 🤔 sure

  • Grumpy_chap
    Grumpy_chap Posts: 18,287 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    zakizzy25 said:
    Your last comment I will take on board and it’s a very good way of seeing this situation 
    yuo May get lucky? Can you just explain what you mean as I am 🤔 sure

    Sorry if that was confusing.

    I was trying to say that the whole thread is built upon the premise that the current documents do not reflect reality and the Solicitor is not fully aware of this because they have seen the documents but have not seen the property so fail to identify the difference.

    It may be that the documents do reflect the reality and the Solicitor can explain and demonstrate that to you.  
    It would mean that you have misunderstood the documents (which is fair enough since they are not written to be easily understood by the lay person.

    That's what I meant by being lucky.
    From what you have shared in the thread so far, that is not likely.  
  • hi  so great full you are taking the time to give me some insight as you say the wording in that lease is not short of prehistoric 
    and a lot of it is gobbledygook to the lay person 
    all that lease says I would own the roof 
     it then mentions that roof repairs are shared by the other freehold as is everything else like plumbing drainage etc
    all I want is something concrete in place before I buy that the loft space is mine
    and find this all so ridiculous because surely this should have been added to the lease in 1989 when the loft conversion was done
    plus this flat has changed owners 4 times since 1989 and this was never picked up by anyone until now
    if it were you what would you be satisfied with? I am prepared to carry on if there is a quick legal remedy if not your 100% right dodge 
    the bullet😱

  • eddddy
    eddddy Posts: 18,011 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 September 2023 at 9:07PM
    zakizzy25 said:
    And if a deed of variation/rectification or a new lease altogether would be needed will that take months to get?
    it’s a very small chain but I still would be surprised if any of us want to waits months for this to be dealt with
    Any ideas how long any of the above would take to obtain 

    The steps involved are likely to be...
    • The seller's solicitor has to write the deed of variation (You might also want a new plan drawn)
    • Your solicitor reads it to make sure it's OK
    • The seller and their neighbour sign it

    In theory, that could be done in a couple of days. But in practice...
    • Solicitors are often busy, so the document might sit in their in-trays for a few days.
    • The neighbour might refuse to sign the deed - which would be a total stopper

    So the first step might be to establish whether the neighbour is happy to sign



    Edit to add...

    The legal fees for this might be £1k to £1.5k - so there's the question of who pays.


  • Em🤔the other freeholder seems very amenable but as you quite rightly say if money is involved 
    I’ve made my mind up that either the seller pays for this to be put right or no sale
    as much as I love this flat I am not going to spend more money and stress on something that should have been 
    done years ago
    will this deed of variation go to the land registry? that’s why I thought it would take ages
    if not the fees are  for the solicitor drawing it up?





  • eddddy
    eddddy Posts: 18,011 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    zakizzy25 said:

    will this deed of variation go to the land registry? that’s why I thought it would take ages


    Yes - but your solicitor would deal with the registration just after you complete the purchase.

    You don't have to have registration completed before you purchase.


  • you you people are amazing!
    I am now going to tell my solicitor tomorrow that I want this drawn up and signed before exchange 
    and if the seller doesn’t agree then that’s the end of this 
    as you have all quite rightly pointed out this could become a nightmare buy if not put right now 
    thank you 
  • Hi everyone 
    still don’t know how to start new thread so hopefully someone will advise me
    loft conversion is still being problematic but sadly I think I am going to have to pull out of this buy
    everything has been sorted out about the loft space ownership 
    now my mortgage lender has thrown another spanner in the works 
    the seller has the planning permission documents but not building regulations cert
    i though I was ok because this conversion is over 30 years old 
    apparently not as it’s not an extension it’s a loft conversion and special condition apply 
    my mortgage lender won’t lend on it as it could potentially be a fire risk
    and they want a copy of the building regulations 
    my question is it possible to get a copy of this?
    most important how long would it take this is my last hurdle and everything else has been done
    i fear this last one will be the extremely difficult to do 
    any help please 
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 8 September 2023 at 11:23AM
    Well if the seller has no Building Regs cert he could apply for a retrospective cert.
    a) might involve opening up floors/walls/ceiling so inspector can check. Seller might refuse this
    b) Inspector might say 'no'
    c) inspector might list changes/improvements needed which your lender might want done before purchase or might make a condition of loan.

    so. How long? 

    Piece of string!
  • user1977
    user1977 Posts: 17,840 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    zakizzy25 said:
    Hi everyone 
    still don’t know how to start new thread so hopefully someone will advise me
    loft conversion is still being problematic but sadly I think I am going to have to pull out of this buy
    everything has been sorted out about the loft space ownership 
    now my mortgage lender has thrown another spanner in the works 
    the seller has the planning permission documents but not building regulations cert
    i though I was ok because this conversion is over 30 years old 
    apparently not as it’s not an extension it’s a loft conversion and special condition apply 
    my mortgage lender won’t lend on it as it could potentially be a fire risk
    and they want a copy of the building regulations 
    my question is it possible to get a copy of this?
    most important how long would it take 
    It would be a bit odd for your lender to be making such specific requirements - are you sure this isn't coming from your solicitor? In any event, it's your solicitor who you're paying to advise you - so what's their advice?
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