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Anybody to blame or just one of those things?
Jaglad111
Posts: 146 Forumite
Hi all
FTB's here, about to exchange on our forever home. The final query came back today and it now looks liable to collapse the chain!
The house is 4 bed detached, advertised as living room, playroom and dining room on the ground floor.
The valuation picked up that the playroom was a converted garage so obviously our solicitor enquired about building regs and permissions from the freeholder. After weeks of fobbing off and everything else back I get an email saying no building reg certification was carried out and the freeholder was unaware of change of use.
The current vendor bought in 2011 under the same circumstances as the work was completed in 2002. They applied for regs in 2012 but cancelled the day of the inspection for reasons only known to them. The email also states the vendor is not preparred to have it checked by an inspector.
About an hour prior to this the EA's rang mumbling on about just take an indemity or the chain will collapse. He was obviously aware of the problem before me!
Now nearly £3k spent (broker fee's, valuation, solicitors) and it looks like it will collapse the sale. Is this the kind of thing EA's should know or the vendor should declare? Surely it shouldn't get this far with such a major problem? Advice greatly appreciated.
FTB's here, about to exchange on our forever home. The final query came back today and it now looks liable to collapse the chain!
The house is 4 bed detached, advertised as living room, playroom and dining room on the ground floor.
The valuation picked up that the playroom was a converted garage so obviously our solicitor enquired about building regs and permissions from the freeholder. After weeks of fobbing off and everything else back I get an email saying no building reg certification was carried out and the freeholder was unaware of change of use.
The current vendor bought in 2011 under the same circumstances as the work was completed in 2002. They applied for regs in 2012 but cancelled the day of the inspection for reasons only known to them. The email also states the vendor is not preparred to have it checked by an inspector.
About an hour prior to this the EA's rang mumbling on about just take an indemity or the chain will collapse. He was obviously aware of the problem before me!
Now nearly £3k spent (broker fee's, valuation, solicitors) and it looks like it will collapse the sale. Is this the kind of thing EA's should know or the vendor should declare? Surely it shouldn't get this far with such a major problem? Advice greatly appreciated.
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Comments
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It's been standing as a room for over 15 years - take the indemnity of its required by your mortgage lender (usually is even though they are generally worthless policies anyway) and look forward to moving into your new home.0
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What advice is your solicitor giving? If it can be covered by an indemnity policy (not sure if five years ago is long enough to hope that building control will have forgotten about the inspection request), it doesn't sound like a fundamental problem to me, so what's all this talk about "collapsing the chain"?0
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I'd just get the indemnity and move in. It might be a bit colder than the rest of the house but if its a playroom it won't especially matter!0
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Thanks, the solicitor has said he doesn't recommend proceeding without the cert as we would be unable to sell, and the freeholder (who is now aware) hasn't granted any permissions. My concern is that the floor is inadequate and over time damp will become and issue.
He hasn't suggested an indemnity so I'm guessing its not an option. I also suspect the buildings insurance would be invalid.0 -
Thanks, the solicitor has said he doesn't recommend proceeding without the cert as we would be unable to sell, and the freeholder (who is now aware) hasn't granted any permissions. My concern is that the floor is inadequate and over time damp will become and issue.
He hasn't suggested an indemnity so I'm guessing its not an option. I also suspect the buildings insurance would be invalid.
I'm guessing you don't want the house anymore as you're assuming that rather than actually finding out?
Loads of houses have garage conversions, lots are done quite informally, lots get sold all the time with indemnity policies in place and lots of people live in those houses without ever having a problem?
Why are you worried about the floor? Did you notice a problem when you viewed?0 -
"The current vendor bought in 2011 under the same circumstances as the work was completed in 2002. They applied for regs in 2012 but cancelled the day of the inspection for reasons only known to them."
On this basis, any indemnity would be invalid, as a planning authority would have been made aware of the work. On this basis, the vendor should have also made a declaration on section 4.1 of the TA6 form.
Could you confirm what they have written there?
You'd be able to sell without regs or indemnity, provided you placed all the cards face up on the table regarding the lack thereoff. Whether it affects the valuation is a matter for you and your lender."Real knowledge is to know the extent of one's ignorance" - Confucius0 -
Lots of people are stupid. Regs exist for a very good reason. I really want the house. Why would you have major buildings works and not get it signed off?
An indemnity only protects your pocket, not your families safety and well being.0 -
Thanks kinger, very informative post.
I'm in work tonight so will find that information out in the morning and update the thread.0 -
Lots of people are stupid. Regs exist for a very good reason. I really want the house. Why would you have major buildings works and not get it signed off?
An indemnity only protects your pocket, not your families safety and well being.
True, but it's unlikely the thing will suddenly fall down given attached garages are meant to stand as long as the house, and it's already stood 15 years post conversion. So from that perspective, it's matter of can the room be safely used for the purpose you intend (safe exit in fire etc). You could always ask a builder to inspect it and comment on any shortcomings."Real knowledge is to know the extent of one's ignorance" - Confucius0
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