Buyers solicitor requesting docs that don't exist?

Dave_Z

We're in the latter stages of a move and have 2 queries from the buyers side that we don't seem to be able to agree on.  The house we're selling is 10 years old and the queries relate to docs from the time of the house build.

Firstly, we have been asked for 'building regs approval' for the entire estate, from 2014.  Our current solicitors advised us to speak to our original solicitor from 10 years ago and/or the LA.  Old solicitor sent me everything they had, which didn't seem to have such a doc.  LA said there is no such document as a building regs approval cert/doc. They have provided us with a building regs completion cert for our house and told us that this should be enough to satisfy the request as a completion cert wouldn't be issued if the original works were not approved.  

Next, we have been asked for a building regs cert for our gas hob.  The Gas Safe cert I have (and which is the only document available from the Gas Safe website) only refers to a boiler/heating system.  The below link seems to suggest that a cert would not be issued for a gas hob, which might suggest why it isn't mentioned on the cert;

https://www.gassaferegister.co.uk/gas-safety/gas-appliances/gas-cooker-and-hob-appliance-guide/

We've been going around the houses on this for a couple of weeks now and getting nowhere.  Today, our solicitors have asked us to pay £100 for an indemnity policy to cover these off and move forward.  I'm minded to just pay it and remove the stress from my life, but it also seems like I'm being asked to pay £100 because I can't provide information that is either not necessary or doesn't actually exist (or wouldn't exist).  The indemnity document also says that the quote is on the basis that 'no notice or application for consent has previously been lodged', but on the first item, at least, consent was sought and approved, so would the imdemnity even cover us?

user1977

Was the hob part of the original build? If so I wouldn’t expect a separate certificate.

Dave_Z

user1977 said:

Was the hob part of the original build? If so I wouldn’t expect a separate certificate.

Yes, it was.

Hoenir

Your buyer may well be stalling for time. The solicitor is aiding their client. 

user1977

Dave_Z said:

user1977 said:

Was the hob part of the original build? If so I wouldn’t expect a separate certificate.

Yes, it was.

We've seen similar requests discussed here before for boilers, windows etc - everything which was part of the original house is covered by the one certificate. 

Dave_Z

Hoenir said:

Your buyer may well be stalling for time. The solicitor is aiding their client. 

We’re part-exing against a new build and the developer wants us in this month, so would seem an odd approach from them. 

flashg67

How frustrating, agree these things may not even exist, but personally I'd pay the indemnity fee and move house. How long does the policy stay in force, not that I can see there ever being a claim made by anyone!

Dave_Z

flashg67 said:

How frustrating, agree these things may not even exist, but personally I'd pay the indemnity fee and move house. How long does the policy stay in force, not that I can see there ever being a claim made by anyone!

It says the cover will be indefinite.  

I've told them to get it done, but made it clear I think the cover is completely unneccessary and that if they'd bothered to address my concerns about these items 3 weeks ago we wouldn't be having to rush this through now to avoid delaying completion.  

We made the mistake of using the developers 'suggested' solicitor.  This a company called PLS and I would strongly recommend giving them a wide berth.  It feels as though I've had a work experience student handling my case from the start and they give greater consideration to the buyers interests than mine.  Absolutely hopeless. 

Bigphil1474

As above. I'd pay the £100 and get moved. If you are selling the house, the indemnity policy isn't for you, it's for the buyer. You're just paying it for them. 

gm0

Conveyancing is a dance of title plans, leases, wayleaves, access rights, utilities, LA searches, documentation loose ends, old deeds, the changes in legal convention over decades and a focus on "legal risk". Mostly not physical on site actual issues - conveyancer never sees it usually.

In DIY - if it moves and it shouldn't - gaffer tape.  If it doesn't move and it should WD40

Indemnity policies are just WD40 for legal cruft where things don't line up just so.  Perceived as a due diligence issue and blocking movement to exchange.   Lender (sometimes), nervous FTB with a nitpicking conveyancer (sometimes)

And in theory YES - somebody could challenge some loose end and a legal defense/buy off could be needed.  Even if it hasn't happened for 30 years already.   Yet the fact they cost £50/£100 is suggestive of how unlikely this actually is vs the number of them sold.

Deed cruft is often most easily solved by this method.  Disliked as a tax on sellers as it often is. 

Attempting to "fix" ancient documentation from 50 year old stuff written by other lawyers of the long dead to different standards "of then".  By drafting new versions and getting relevant title owners to reagree (and get legal review) and sign new deeds to recreate cleaner versions of the same rights. Fill your boots - but not on my watch.

In many cases it isn't really necessary but it reduces risk a notch for the conveyancer so they generally love sticking indemnities over things.

Most people faced with blowing up their deal (a risk if you say no) for £100 - grit their teeth and buy an indemnity or two or three.  Some places have more cruft than others.

housebuyer143

Sometimes it feels like if the solicitor is made to try and sell at least one indemnity policy a sale! It's probably not true but it feels that way. 

Mine wanted me to buy two, one for no building reg sign off for conservatory roof which wasn't needed and also for lack of build over agreement. Build over agreements were not even a thing for the property when it was built over 🤦‍♀️. I managed to argue my way out of that one and just had to accept the first one. At the end of the day, everyone knows these policies are worthless, but no one is really going to lose the sale over £100.