+++HELP+++ tough spot with new property

fredster83 · 10 November 2018 at 3:20AM

Hi all and thanks in advance for your time. My wife and I are first time buyers and have found a great property in East London: The house is in very good condition, therefore we placed an offer which was accepted.

our survey and searches came back, we are facing the following challenges

- a covenant was found on the property from the 60's which inhibited any future owners from making any structural changes. Covenant was breached as seller had a rear extension done, removed 2 x chimney breasts and started working on a loft conversion which was left unfinished. Seller claims he wasn't aware of this and has offered indemnity insurance

- seller does not have ANY planning permission or building regulations approval for the chimney breasts removal and loft extension. One of the loft purlins has been cut in half to allow for easier loft access, which i believe is not ideal. We're not happy with the lack of documentation, however seller is saying that all work was carried out professionally over 10 years ago therefore there is no longer need to get building retrospective approval.

- there is a public sewer within the boundaries of the property. We're not allowed a sewer survey

The seller is putting a lot of pressure on us to exchange before Christmas and insists that he does not need to provide any paperwork.
As first time buyers we are worried these issues could cost us in the future, especially as we see this an investment and are planning to complete the loft and extend the kitchen further into the garden.

I suggested bringing a builder in the property to assess the loft situation but the seller is refusing this. We also can't tell if the chimney breasts were removed safely unless we ripped the plaster board and checked, which the seller does not want to do.

I feel like although we are close to complete, there are way to many issues and the seller's attitude is very suspicious.

I'd like to hear your thoughts please

thanks

SG27 · 10 November 2018 at 6:40AM

Its fairly commom for covenants like that to be put in place by the original developer to ensure someone doesnt move in and ruin the look of the house potentially affected the values of other houses on the development still for sale. I wouldnt be too bothered about this one.

The extention is a bigger problem as now you do not know if it was done properly. She does have to provide documentation if you insist on it and your mortgage company (if you have one) will also insist on it (or the indemnity) have you asked why she didnt get the building regs? How long ago was the work done? You could get a structural engineer to have a look and check the loft but as you say without opening the walls up you will never know if the chimney breats are supported properly. She says its proffesionally done but no proffesional builder will do that sort of work without contacting building control.

Tell her to forget about exchanging by christmas. You'll exchange when your satisfied.

(Her attitude could possibly be she panicking to sell before brexit. I know someone wants to sell this year if not she thinks she will have to wait a few years.)

lookstraightahead · 10 November 2018 at 7:04AM

Hi op. as with a lot of first time buyers, for some reason they think that the sellers are the 'ones in charge' with timescales etc. You will never be in the fortunate position again of not having to sell which means you must be absolutely sure you are doing the right thing, as one day you will be selling the property you are considering buying. I too wouldn't exchange before Christmas, if the seller pulls out so be it - but that's better than you rushing in. You need to get these things checked out thoroughly and do what you need to do to be satisfied. I must say personally the sewer would worry me but that's because I know little about that type of thing maybe.

fredster83 · 10 November 2018 at 9:39AM

Seller is saying that because the work was done more than 10 years ago, he doesn't have to provide any documentation. Is this true?

I thought you would still need to obtain a building regularisation certificate from the council?

Davesnave · 10 November 2018 at 9:43AM

fredster83 wrote: »

our survey and searches came back,

What sort of survey was it?

With a house like this that's been messed with and not finished, nothing short of a full buildings survey would do for me. Then I might want a structural engineer or a builder to look. You're being denied the latter. Red flag.

You're not allowed a drain survey? Another red flag.

If there's a public sewer and you need to build within 3 m of it, you will need a formal agreement with the water authority. They'll tell you where it is, but it should be in your paperwork. (CON29DW.)

Personally, if a seller refused checks I wanted to be made, and pressured unreasonably for exchange, I'd lose confidence and withdraw.

fredster83 · 10 November 2018 at 9:55AM

It was a full building survey. The surveyor said the property was sound but told us to make sure we would get the paperwork or regularisation certificates from the council, to get some guarantee the works were done properly.

He also said that the slate roof has been replaced with heavier concrete tiles but the lack of documentation there is worrying, and since the seller has cut the supporting roof purlin in half in the loft, nobody would ever approve the work apparently.

Even with a full building survey and structural engineer, we wouldn't be able to know if the chimney breasts have been removed properly.

These things don't scare me too much, my worry is that we will end up paying much more to get the regularisation certificates needed in the long term...is it true that you because the works were done more than 10 years ago, you don't need ANY certificates?

thank you!

bouicca21 · 10 November 2018 at 9:56AM

You have put a lot of money into fees, searches etc and don't want to lose it, but this is the biggest purchase you will ever make (even if you trade up in the future the amount of money will be proportionately less), don't let the seller intimidate you.

As an FTB you are the one in the strongest position. If there is dodgy stuff about the house then the seller will be desperate to sell and will know that he/she will face problems with any buyer.

Good luck.

Davesnave · 10 November 2018 at 10:08AM

fredster83 wrote: »

..is it true that you because the works were done more than 10 years ago, you don't need ANY certificates?

Lack of planning can't be enforced after 4 years. There's no magic time limit on building regs, but in practice, virtually no chance of enforcement there either as the work is long-standing.

AnotherJoe · 10 November 2018 at 10:15AM

I'm having a problem marrying up your statement

The house is in very good condition

with everything else you've said about the work that's been done / part done / badly done, and the sewer under the property and so on.
Did you really mean "it looks in good condition " rather than "it's in good condition"? I once bought a house like that

middleclassbutpoor · 10 November 2018 at 10:19AM

All indemnity insurance does is protect you from facing the cost of your local planning dept taking enforcement action against you. If the work is more than a year old - the insurance is worthless in reality but is often asked for to give lenders the peace of mind because you don't really know whether it was done 6 months or 60 years ago sometimes.

Would concur with what has been said already, if you are not getting the surveys and/or answers you want then do proceed with extreme caution. It is 'Buyer Beware' and you get less protection buying a house than you do a kettle....

There would be too many red flags for me personally. I could probably take a removal of a chimney breast or a wall etc but cutting into the purlings and adding on extensions without paperwork would be very risky.

You need to be comfortable that the house is safe for you to live in... You need to consider if you intend to sell, you are going to find people asking all the same questions as you.

I'm not even sure you could rectify the issues to satisfy future buyer so it's really down to you to make a decision. Is the house priced accordingly for all of these issues?

If not, I would be walking away or looking for a massive discount to account for the uncertainty and risk you are taking.

Doodles · 10 November 2018 at 10:31AM

I would also be feeling rather uncomfortable about this purchase.

Refusing a sewer survey, and a builder to check the loft, as well as putting pressure on for you to exchange are all red flags in my opinion.

In your shoes, I would not be pushed to exchange. Your concerns given the situation are reasonable and therefore I would insist on these checks being done or I would pull out. The seller doesn't have to oblige of course, and the risk is you lose the house. But there is a greater risk of going through with it, and ending up with an unsafe money pit.

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+++HELP+++ tough spot with new property

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