indemnity policies!!!! i am mad!

money_saving_diva

Hi we should be exchanging on a house purchase today but have been waiting for the vendor to get an indemnity policy to cover the fact that an extention doesn't have any proof of having had planning permission. It was built before he bought the house and says it wasn't an issue for him so he won't pay. It looks like we will end up paying for it? Is there anything we can do? Our conveyencer has said let them sweat for a bit and don't exchange too quick but we are due to complete in 2 days!!
We are just personnally annoyed cause the vendor is using a soliciter we used for previous sale and they made us pay for a indemnity policy that we felt wasn't needed! gggrrrrr......:mad: What is it with these policies!!!?? Someone somewhere is making a fortune out of them!!!

Richard_Webster

Two questions:

1. How old is the extension?

2. Sure you are talking about Planning Permission and not Building Regulations?

money_saving_diva

Richard_Webster wrote: »

Two questions:

1. How old is the extension?
The vendor says it was done before 1995 - so I don't think it is a big issue as our lenders are happy it is just me that is annoyed!

2. Sure you are talking about Planning Permission and not Building Regulations?

I think I am talking about both - there is no proof of anything to do with the extention. He siad it didn't come up when he bought the house.

ds1980

tell them youll pull out if they don't. There are plenty of bargains about at the minute. You'll hopefully save what you lose in fees on a renegotiation of price on another porperty

geoffky

dictate what you want and if not pull out as you are the one spending hundreds of thousands of pounds...when will people realise that buyers now have all the cards

tbs624

Why not just grit your teeth and offer to pay half as a gesture to move the stalemate forward? Yes, it should be his responsibility but life is full of compromises and if this the house you really want, surely its worth it? You'd probably be looking at around £75/£100 each which in the grand cheme of a house purchase and all its expense is not a huge amount.

djm1972

Does it bother you the extension perhaps not being 100% legit?

Like the vendor says, it's never been a problem before.

Just tell your solicitor you couldn't care less whether or not is has planning permission; you want the house just get on and convey it for me!

Richard_Webster

Just tell your solicitor you couldn't care less whether or not is has planning permission; you want the house just get on and convey it for me!

If OP is getting a mortgage that isn't an option I'm afraid.

If the house is pre 1948 and the extension is more than 4 years old it would be immune under Planning Law. If post 1948 probably still immune after 4 years unless there was a condition requiring express consent for any extensions and alterations, in which case it would be 10 years. The Planning policy is the more expensive one.

Building regs is more difficult - after a year in practice nothing will happen but a theoretical enforcement right remains for ever but the policies are cheaper than for Planning.

djm1972

Ta Richard - i'd forgotten about the lender's requirements!

FilthyLuka

If the seller bought the property around 2000 or before then he may not have had any issues raised over the lack of planning or building regulations certs.

But since a court case in 2000 solicitors have been alot more on the ball at getting these permissions

There was a case(called Cottingham or similar I believe) where a buyers solicitor did not carry out the correct checks or be thorough enough, as a result the people bought a house that had several buiolding regulation contraventions that the council were aware of and had to be corrected. Alot of the cost was claimed from the solicitor - about £60k worth I heard hence solicitors are alot more torough since then. So if you buy now, when you come to sell you would have to find someone who is willing to buy without the proper paperwork in place

sammy452

I think you need to think whether it is worth losing the house over a few hundred pounds? I would offer to pay half and hopefully that will be seen as a good will gesture.