Level 3 Survey - Help with responses from Vendor

11mee

Hi all

I have received my level 3 survey for a property I thought was in a sound state. From reading the valuable posts on here ( thank you so much contributors) I was prepared to come away with more questions than answers from the level 3 survey. 

I am still unclear about some of the issues below that I have raised to my solicitor and vendor and could do with your help ?. Many thanks in advance 

1.        In places the external ground level is less than 150mm below the internal floor level. The ground level should be reduced where practical and paving re-laid as necessary to avoid any risk of bridging and possible damp penetration in the future. 

Vendor’s response - The floor inside what was the original garage was insulated and boarded. The outside level is less than 150mm below the floor but slopes away and no water comes up to the cill. As said previously this is a recreational room. The surveyor checked the whole house for damp and has not noted any.

2.       Adviser should make enquiries and confirm that the property has not been underpinned as works may have been undertaken in the past, which are now not readily apparent. Older properties are likely to have limited foundations which are unlikely to comply with modern requirements. Additions of more recent construction should at least have complied with the Building Regulations in force at the time of construction.

Vendor’s response - There is no underpinning. 

My question is what is deemed as proof of this ?

3.       The property has been extended. We recommend that you instruct your Legal Adviser to make the necessary enquiries to confirm all appropriate consents were obtained such as Building Regulations approval and Completion Certificate or if the work was carried out by a Contractor registered with the Competent Persons Scheme. A Professional Consultants Certificate (PCC) should have been issued on completion of the addition. Please can you clarify all extension works carried out and the dates these were completed

Vendor’s response - All documentation is present and correct which you already have copies of. 

My query - There is no planning permission documentation although there are certificates of completion of building works .

4.       Where windows and doors have been installed we would have expected the supporting lintels to have been exposed and where necessary, to have been upgraded. Whilst there are no obvious indications to suggest serious defect without disruptive investigations we are unable to confirm the adequacy of the lintels above the openings. If you are at all concerned, you should refer to the original installing contractor or arrange for the lintels to be exposed prior to purchase. 

Vendor’s response - All works have been carried out to the building regulations at the time. I have been in the construction industry for over 40 years and would not construct anything that wasn’t right or proper for its use. All lintels are in place.

My query -The vendor’s word on its own is not sufficient is it.

5.  The replacement uPVC double glazing does not incorporate trickle ventilation, which is usually provided in modern replacement windows to combat the effects of condensation. 

Vendor’s response - This is just a statement. All works have been done to building regs and we have never had any issues with condensation.

6.  . Some double glazed units appear dated. Consequently, their serviceability must be suspect and double glazed units appear dated. Consequently, their serviceability must be suspect and the need for routine maintenance anticipated until they are eventually renewed 

Vendor’s response - A statement 

7.  opening of at least 450 x 450mm and also the bottom of the openable area no more than 1100mm above floor level, or direct access to a "protected stairway" in order to comply with modern Building Regulations for fire escape from upper levels. The property was built prior to theses regulations. However, the windows in the bedrooms do not open wide enough to be classed as "fire escape" units (except the front bay). Therefore, you should take this into consideration when you replace the bedroom units 

Vendor’s response - An untrue statement. All bedrooms apart from one have a 450 x 450 opening.

8. Where replacement doors have been installed we would have expected the supporting lintels to have been exposed and where necessary to have been upgraded. Whilst there are no obvious indications to suggest serious defect, without disruptive investigations we are unable to confirm the adequacy of the lintels above the openings. If you are at all concerned, you should refer to the original installing contractor or arrange for the lintels to be exposed prior to purchase. It is a requirement today that replacement doors are installed subject to Building Regulation approval or by a FENSA registered contractor. 

Vendor’s response - All works have been carried out to the building regulations at the time. I have been in the construction industry for over 40 years and would not construct anything that wasn’t right or proper for its use. All lintels are in place.

My query -Again the vendor’s word on its own is not sufficient proof is it ?

9. The flat roof area is supporting the balcony for the back bedroom. This may not be appropriate as flat roofs are not usually designed to be bear additional weight. This could damage the roof covering in addition to over-loading it. The steelwork does not appear to be adequately secured to the back wall. 

Vendor’s response - This was part of the extension done in 2007/8. It is not really a balcony more a safety rail should the doors be open. We didn’t realise it had not been fixed back after the flat roof was recovered. It will be fixed back to the wall again this week.

10.  There is evidence that vermin are or have been in the loft area and vermin particularly can attack electrical cables and insulation. Action should be taken to eradicate the vermin and sealing the loft against bird or vermin entry.

Vendor’s response - We are not aware of any issues in the loft and will investigate tomorrow.

11.      It is possible that asbestos may have been used in the make up or lining of some walls. We would refer you to our later comments under Section I3 – Risks to People, in this respect. – is the seller aware of any asbestos being used  

Vendor’s response - There is no asbestos.

My query - what proof should I obtain ?

12.                    The ground floor is of solid construction except the main reception area which is suspended timber construction. In a property of this age a damp proof membrane may not have been provided to some solid floors. This can be both expensive and inconvenient to subsequently put in place. We are unable to confirm if a damp proof membrane has been provided. The only way to establish if one has been provided would be to cut holes in the floor. – please advise if this is the case?

Vendor’s response - The solid floors as part of any extensions have damp proof membrane as per building regs and have been signed off. Any that were part of the original building have not been touched so cannot comment on them but we have no issues with damp! 

13.                    Our inspection of visible timbers revealed scattered evidence of wood-boring beetle infestation to the underside of the staircase. There is a possibility that the infestation noted may be active and as a result may require specialist treatment.

You should instruct a specialist contractor, ideally Property Care Association registered, to carry out an inspection of the property and to implement all necessary remedial treatment against woodboring beetle infestation, rot and other timber defects (Please see Section I - Risks). Wood boring beetle damage appears historic .

Vendor’s solicitor response - I have advised my clients to liaise on this point via the agent given that my clients are not legally obligated to fund any such reports.

14.                 We noted that in the loft the electric cables are run below insulation. All cables give off heat when in use and so depending upon the load they carry heat dissipation would be impeded if insulation is laid above. Insulation should be adjusted to lie beneath cables in the roof area and elsewhere - 

Vendor’s response - We are unaware of this and will look into it.

15. The main supply pipe into the property may still be in lead. Such material does now represent a health hazard and should be replaced with more modern pipework – we have the surveyor but if can answer this question?

Vendor’s response - The main supply pipe is plastic MDPE.

16.                    The water supply pipe did not appear to be earth bonded to the electrical supply. Earth bonding is required to comply with current regulations – please clarify if this is the case  

Vendor’s response - MDPE does not require earth bonding. All bonding is present where required.

17. Given the age of the property you should be aware that unless the underground drains have been more recently replaced then you should anticipate replacements. This can be expensive and you should budget accordingly. Have the drains been recently replaced?

Vendor’s response - All drains within the property boundary are not the originals. Out side is the responsibility of Severn Trent.

JGB1955

Question - are you a first time buyer?  Your surveyor is just covering his own back.

HouseMartin567

I’m not going to respond on each one but a couple of points:

Underpinning - They have said it hasn’t been underpinned. How do you expect them to prove a negative?
Windows needing routine maintenance - again, what are you expecting the vendor to say to this?! They are selling and once purchased you will be responsible for maintaining. I think it’s a safe bet they won’t be offering to pay £15k to fit new windows for you!
Ground floor solid construction - it’s unlikely the vendor is going to be willing to cut holes in the floor of a house they are trying to sell!
Further surveys (asbestos, beetle-infestation) - arrange the surveys through the estate agent and ask them to sort access to the property - but be prepared to pay for them yourself.

Where the vendor has definitively responded you can now rely on those answers because if you later find out they have lied, and this has cost you money, you could take them to court.

I think you need to work out what is important to you and the focus on those issues.

Chief_of_Staffy

This is exactly why I'd never pay for a RICS survey. There's nothing there that I'd look twice at. What a waste of money.

anselld

I am with the vendor with the exception of 16.  Earth bonding of the electrical supply is required regardless of the incoming supply material.  This is to ensure that the internal water system cannot become live in the event of an electrical fault.  Given that is the case there is presumably no current EICR in place so you may wish to instruct an electrician to inspect.  If earth bonding is the only thing missing it will not be expensive.

11mee

Chief_of_Staffy said:

This is exactly why I'd never pay for a RICS survey. There's nothing there that I'd look twice at. What a waste of money.

That’s it £800 down the drain . I thought I was doling the right thing.

11mee

anselld said:

I am with the vendor with the exception of 16.  Earth bonding of the electrical supply is required regardless of the incoming supply material.  This is to ensure that the internal water system cannot become live in the event of an electrical fault.  Given that is the case there is presumably no current EICR in place so you may wish to instruct an electrician to inspect.  If earth bonding is the only thing missing it will not be expensive.

Noted with thanks .

11mee

HouseMartin567 said:

I’m not going to respond on each one but a couple of points:

Underpinning - They have said it hasn’t been underpinned. How do you expect them to prove a negative?
Windows needing routine maintenance - again, what are you expecting the vendor to say to this?! They are selling and once purchased you will be responsible for maintaining. I think it’s a safe bet they won’t be offering to pay £15k to fit new windows for you!
Ground floor solid construction - it’s unlikely the vendor is going to be willing to cut holes in the floor of a house they are trying to sell!
Further surveys (asbestos, beetle-infestation) - arrange the surveys through the estate agent and ask them to sort access to the property - but be prepared to pay for them yourself.

Where the vendor has definitively responded you can now rely on those answers because if you later find out they have lied, and this has cost you money, you could take them to court.

I think you need to work out what is important to you and the focus on those issues.

Many thanks  for the response. Totally agree with narrowing down the issues  to focus on and will look for quotes .

jonnydeppiwish!

To be honest, if you were asking me these questions, I’d be questioning my sale to you. I can’t see any issues with the vendor’s comments.

If you want confirmation of any sort, you’ll have to pay someone to inspect/investigate every point. 

jonnydeppiwish!

anselld said:

I am with the vendor with the exception of 16.  Earth bonding of the electrical supply is required regardless of the incoming supply material.  This is to ensure that the internal water system cannot become live in the event of an electrical fault.  Given that is the case there is presumably no current EICR in place so you may wish to instruct an electrician to inspect.  If earth bonding is the only thing missing it will not be expensive.

But that’s at current regs - it’s best practice but doesn’t mean it’s unsafe now. New builds will need work a year after being signed off due to the continued changes in Regs

p00hsticks

Re your query on point 3

Depending on the size, the extension may well not have needed planning permission - it could have fallen under the permitted development criteria

Permitted development rights for householders: technical guidance - GOV.UK