Solicitors- Requests for missing guarantees

Amybettb

Hi,

I'm a FTB and am hoping to complete very soon, however our solicitor has sent us a letter stating that the sellers are unable to provide a guarantee for the double glazing, or for the damp course, and that they cannot provide evidence of planning permission for the single story extension at the back of the house containing the bathroom and kitchen (has been there a long long time, and all the other terrace houses in the street have the same extension).

Should we be worried about these things and insisting they provide evidence for them? Our survey did not say that there was any possible damp so I'm assuming that having no guarantee for the damp course is ok?

This is all big stuff for myself and my partner... and i'm a bit of a worrier, and don't want to make any mistakes!!

Thanks

Amy

Richard_Webster

Double glazing and damp proof course companies go out of business with monotonous regularity so the guarantees might well not be worth anything. Their only value might be to tell you what work was done.

If there is no planning permission for the extension and it is more than 10 years old it will be completely immune from enforcement action under Planning Law.

There is a highly theoretical possibility of action under Building Regulations - but it is highly theoretical but we are only really bothering with it because nobody told the judge in the 2000 case of Cottingham v Attey-Bower that the risk of action was virtually nil.

I'd be interested to hear from anyone who has heard of a local authority going to the civil courts for an injunction to seek the removal of old non-complying works in a private dwelling. A Building Regulation Indemnity Policy will give protection against this unlikely risk and possibly the seller should be asked to pay for this.