Enquiries that vendor cannot answer.

stator · 5 March 2018 at 1:45PM

Sometimes solicitors can raise issues that don't really matter, they just demand paperwork for everything.
If the conservatory is that old (you should be able to tell how old it is because conservatories get manky quite quickly) and it has no signs of any problems then tell your solicitor that you don't care whether it has building control or a breach covenant and to proceed with the deal. If you do care about these issues then instruct your solicitor to buy an indemnity policy. If the mortgage lender isn't happy, then buy an indemnity policy.
Trying to chase the previous owners for paperwork is a waste of time, even if you find them they probably won't have it.

Doozergirl · 5 March 2018 at 1:52PM

If it is an ordinary conservatory, separated from the main house by an external quality door it will never have needed Building Control Approval because conservatories are classed as outbuildings, not extensions. Neither a completion certificate nor an indemnity policy is necessary. It still frustrates me that solicitors don't know this stuff.

Any breach of an old covenant is easily covered by indemnity insurance if it is needed to satisfy the lender.

Cheeky_Monkey · 5 March 2018 at 1:54PM

Smodlet wrote: »

I'd be more concerned about the breached covenant, depending on what it is.

That and the fact that she's only owned it for 18 months!

I guess you've already asked why she's selling though and are happy with her answer?

Edit: I've just noticed that you said "lived in for 18 months" rather than owned so may not be relevant

Smodlet · 5 March 2018 at 1:54PM

T4taylor wrote: »

Smodlet it is about the fact no outhouses could be built - this was stipulated in 1974 and the conservatory breached this.

Is a conservatory an "outhouse" since by nature it is attached to the main building? Is there no way around this covenant as, unless there is some specific reason, it sounds unreasonable.

As stator said, if the conservatory has been there a long time, it would seem the covenant has been breached for a long time and nothing seems to have been done about it... Unless the vendors know differently?

All the houses in this area have a restrictive covenant on paper requiring permission to be sought before building any extension. In practice, apparently this permission is never withheld so perhaps your situation is purely a paperwork/make the lawyers rich exercise as well.

Best of luck, OP.

Ithaca · 5 March 2018 at 3:42PM

T4taylor wrote: »

Thank you for all of your responses. In which case, how can I hurry my solicitor along to accept that a response to this enquiry won!!!8217;t be coming and get her to just send the report on those she does have.

Are you buying with a mortgage?

It's been allueded to but if so, keep in mind that your solicitor is not just asking on your behalf but also your lender (as they are assuming a considerable interest in the property).

If you are a cash buyer you can absolutely ask your solicitor to stop waiting and progress; but if you are mortgaging your solicitor has a responsibility to the lender and won't be able to proceed until they are satisfied the query has been resolved. It is frustrating but part of buying with a mortgage.

davidmcn · 5 March 2018 at 3:52PM

Ithaca wrote: »

if you are mortgaging your solicitor has a responsibility to the lender and won't be able to proceed until they are satisfied the query has been resolved.

But as I said above, the query really shouldn't be directed at the vendor (who has a vested interest in saying that no consents would have been required!), so I think it's reasonable to ask the solicitor why they can't form their own view or ask the surveyor.

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Enquiries that vendor cannot answer.

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