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Anybody to blame or just one of those things?

245

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  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    kinger101 wrote: »
    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.
    Worst case scenario: convert it back into a garage.
  • eddddy
    eddddy Posts: 16,406 Forumite
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    Jaglad111 wrote: »
    An indemnity only protects your pocket, not your families safety and well being.

    Do you mean you are worried that the building will fall down on them?

    If you are concerned about the structure of the building, you should instruct a surveyor or structural engineer to inspect it.

    If they tell you that remedial work is required to make it safe (or to improve insulation, or cure damp), you can then find out the cost - and adjust your offer, if required.
    Jaglad111 wrote: »
    I also suspect the buildings insurance would be invalid.

    That's not really correct. You probably need to start by reading a buildings insurance policy to see the type of risks it covers.
  • Mickygg
    Mickygg Posts: 1,737 Forumite
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    if your solicitor says don't proceed without the cert then surely when you sell that will be the same advice given. I would pull out if that's the case. In terms of blame there is little you can do, purely our fantastic house buying process allows things to get so far having spent thousands only for a sale to collapse through no fault of the buyer.
  • Jaglad111
    Jaglad111 Posts: 146 Forumite
    Thanks everybody

    My concerns centre around 4 areas. The first being the correct insulation having been installed. The second regarding the floor and how it was raised. Thirdly the footings where the door was originally are to the correct depth (I believe 1 meter?) And finally the correct installation of the gas/electrics.

    All the above can be overcome through an independent inspection should the vendor be prepared to cover the cost.

    The final issue is the landlord/freeholder deciding they will grant permission. If these can all be overcome then we will proceed. I just dont understand how something so critical can not be disclosed at the start of the process. Maybe they thought that once we had spent money toward the purchase we would just overlook things.

    We also need to ensure we can sell it when the time comes, its part of our retirement strategy!
  • missprice
    missprice Posts: 3,735 Forumite
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    Jaglad111 wrote: »
    Thanks everybody

    My concerns centre around 4 areas. The first being the correct insulation having been installed. The second regarding the floor and how it was raised. Thirdly the footings where the door was originally are to the correct depth (I believe 1 meter?) And finally the correct installation of the gas/electrics.

    All the above can be overcome through an independent inspection should the vendor be prepared to cover the cost.

    The final issue is the landlord/freeholder deciding they will grant permission. If these can all be overcome then we will proceed. I just dont understand how something so critical can not be disclosed at the start of the process. Maybe they thought that once we had spent money toward the purchase we would just overlook things.

    We also need to ensure we can sell it when the time comes, its part of our retirement strategy!

    If you want it inspecting, you pay. What if the vendor got his mate down the street to write a report saying it's ok. He who pays the Piper gets the right tune.
    63 mortgage payments to go.

    Zero wins 2016 😥
  • eddddy
    eddddy Posts: 16,406 Forumite
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    Jaglad111 wrote: »
    The final issue is the landlord/freeholder deciding they will grant permission.

    TBH, most freeholders would make it a condition of granting permission that building regulations and planning regulations are met.

    So if you say that you will not proceed until the vendor has the freeholder's consent, and all the freeholder's terms are met - that might encompass everything you need.

    (But you'd need to check carefully - as some freeholders might be a bit lax about that sort of thing.)
  • ProDave
    ProDave Posts: 3,707 Forumite
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    Jaglad111 wrote: »
    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.
    But you said it is your forever home so you won't want to be selling.

    If it is just the garage conversion, then in your own time, rip it out back to bare brick, and convert it again yourself properly with building regs and the correct levels of insulation.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    ProDave wrote: »
    But you said it is your forever home so you won't want to be selling.
    No one knows for certain whether somewhere will become a 'forever' type home when they buy it.

    The expectation might be there, but unpredictable factors can come into play quite quickly to change that perception.

    We overlooked much duff building in order to buy our forever home, because it was priced to allow important works within budget. If the vendors had bowled us a googly like this, we'd have re-negotiated, or walked.

    That would have been the right decision, because once we'd moved-in, it was touch and go for a time whether we'd invest serious money or just tart it up and move on.

    Everyones different, but I think it can easily take a few years before the intention to make somewhere a long-stay home is confirmed.
  • rtho782
    rtho782 Posts: 1,189 Forumite
    First Anniversary First Post
    Jaglad111 wrote: »
    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.

    This 4 bed detached house is a leasehold? That would be enough for me to walk away.
  • I think we had the same kind of problem when we moved into our house 6 weeks ago: a few certificates couldn't be found so the sellers paid for a massive payout insurance policy thing and we said "fine". Don't be a child, just get on with it.
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