Buying a property with no building regs

dryad_17

We are in the process of buying a Victorian terrace. It has an existing extension to the rear and an attic room with no permissions. This has not been included in the sale as a bedroom.
The vendors bought the property 3 years ago with an Indemnity Policy in place. However they have since applied for planning for a new extension and to regularise the attic room. This will have elapsed by the time we complete, due to time wasting on the vendors part.
We have not yet had a survey. It was scheduled  for 6th Jan but the vendor turned away the surveyor, stating she knew nothing about the appointment. She later admitted to the EA she had lied because she'd forgotten! Another appointment was agreed but she cancelled that one too! The next appointment has been scheduled for 22nd over two weeks delay!
My concern is that, as they have applied for planning to regularise the attic, this will invalidate the Indemnity. 
I understand the very limited scope of the policy, but worry that without it we might not be able to sell in future.
The vendor states she has no intention of extending the planning and will not negotiate  as she's already reduced the price (which even the EA had said was too high). Our solicitor hasn't been very helpful, stating planning is not in her remit. She's also shared my email to the vendor, with a query meant for her on our negotiating stance!
The planning application was for quite extensive work, a new rear extension, regularising the attic and replacing a bay window (it's in a conservation area). We have no intention of going ahead with rear extension but the window is a priority, the attic room less so. If she refuses to reapply, are we legally entitled to using the existing architects drawings?
Never having gone through a house purchase before, I'm really confused as to who my first port of call should be, the solicitor or the EA....some advise would be gratefully recieved!

bobster2

Personally - if I was dealing with a seller who turned away my surveyor twice - and lied - I would walk away.

kazwookie

I agree with bobster2, walk away.

dryad_17

The thing is, we've been looking now for over a year and really like the house. 🙄

user1977

When you say planning, do you literally mean planning or are building regulations involved as well? I’d have thought the latter to be more likely.

dryad_17

They applied for planning with architect drawings etc to remove existing rear extension, to regularise an attic room and to replace and put a small roof over a bay window. But this lapses on 23rd Feb....no chance of completing by then!

dryad_17

So yes, I would say building regs are involved.

sheramber

You could only use the Architects plans if the seller gives you them.  She paid for them and they belong to her.

Do you think she would  be willing to give them to you?



Only you can decide if you  want to continue dealing with this seller, despite her  time wasting.

Has she got a property lined up to move to?

RAS

dryad_17 said:

They applied for planning with architect drawings etc to remove existing rear extension, to regularise an attic room and to replace and put a small roof over a bay window. But this lapses on 23rd Feb....no chance of completing by then!

I believe that this can be extended as long as some action is taken by the sellers to "start" the approved work, although I'm not sure it would automatically transfer to you?

dryad_17

Actually, given the property was marketed with planning consent, I'd like to think she'd hand over the plans? 
The real concern is the Indemnity Policy. As they have applied to regularise the attic I'm guessing its worthless? Can we even proceed with no indemnity?

dryad_17

I have no idea what her plans are, but i do know she NEEDS to sell. She certainly doesnt appear to WANT to though! There was a relationship breakdown, hence the lack of action with planning.