Section 52 indemnity

dizzyknits

We are in the process of selling our 1850's house (not listed), we thought we were very nearly at arranging exchange and completion (1st time buyer and we are moving out), Been on going since middle of May. We have already agreed an indemnity policy, because we had 2 composite doors installed recently (a friend of a friend) and we were unaware that building control needed to be notified ( I knew about windows, but did not think it also applied to doors)...fair enough my mistake.

Other sides solicitor has now come up with wanting an indemnity for a section 52. The only thing I can think this is for, is the kitchen extension, that was built in 1967, the only documentation I have is a moth eaten A1 drawing of extension plans with a stamp from Bradford Planning dept saying "Planning Permitted" and the date, 27th July 1967, which is  only 20 days after the " Bradford Panning department received stamp" (much quicker in those days)

No one is able to tell me what this section 52 is for, but these 2 things are the only things that they can be referring to.

Their solicitor also said that Bradford council cannot come up with full document that would satisfy them, hardly surprising after nearly 60 years.... !!!

We have lived in the house for 24 years and cannot remember, this hassle when we bought. But in the vain hope of trying to speed things along agreed to pay for another indemnity, this was a week ago yesterday. Just heard today that their solicitors will not accept the offered indemnity.!!, my solicitor has put it back to them to come up with an indemnity they will accept.

The first time buyers solicitor is seriously starting to put this sale in jeopardy, as we have only somewhere to go until the middle of October., and we will probably lose the house we are buying,
( the same, it has vacant possession) which despite starting a month after the above the paperwork will be fast catching up. Our stuff was supposed to go into storage, as new place needs quit a bit of work.

Thanks for reading, my frustrations are clear, but surely there must be an indemnity out there for an extension that was built almost 60 years ago, and I really cannot see the council turning up and demanding that it be flattened...or am I totally wrong !!!

Chief_of_Staffy

I thought there was a ten year rule on non-listed buildings, that if there hadn't been planning enforcement notices in that time then the structure was considered lawful. That doesn't address whether it's safe or not, but that's pretty easily established, not least because it's been standing for 60 years. Tell them to do one.

sheramber

Has your solicitor not advised you why it is required.?

A Google  search suggests section 5/ applies to restriction by the local authority  as to  what can be done on the land.

Is there a restrictive charge on your deeds? 
 

dizzyknits

sheramber said:

Has your solicitor not advised you why it is required.?

A Google  search suggests section 5/ applies to restriction by the local authority  as to  what can be done on the land.

Is there a restrictive charge on your deeds? 
 

Hi Sheramber

I have found out it is not to do with the extension at all it is the back garden. in 1981 the then 4 owners of the houses  purchased a bit of land off the neighboring factory, and split it up to the 4 houses to be used as gardens, previously they only had a small area out side the back,
I have the land registry document showing our "bit", there is some covenants to say that should the factory require access to the land to maintain fencing, pipes, drains etc they can, with notice. In the 24 years we have lived here no-one has asked. They in fact built a new metal fence on their side about 2 foot away from the existing fence.
Next door have a fairly new extension, but other than that everyone else has the garden and the odd wooden shed.
Solicitors have contacted council and now it looking like land should not be subject to section 52, hope buyers solicitor agrees