We are first time buyers and are very close to completion.
However, we have just found out from our solicitor that the sellers cannot provide a buildings regulation certificate and proof of covenant consent for two items in the property (new patio doors and installation of oil central heating). The patio door was done in 2014 and the heating system (although in good working condition) looks to be very old.
We have been told by our solicitor that the sellers are willing to pay for indemnity insurance but if we volunteer the information to the council or invite them out to inspect future works and they ask for a certificate for the patio door or central heating, the policy becomes void.
This wouldn't be a problem if we didn't want to extend the property in the future - we also wanted to ask the council if we could drop the kerb to create a parking area in our front garden - obviously we can't risk doing that in case the council 'poke around.' Plus, the property we are buying has planning permission for a large single storey extension - the council have been out several times to review different planning applications for the extension and each time did not notice the patio doors or heating so that is very promising.
I spoke to the solicitor who said it would be very very rare for the council to ever find out because they just don't have the resources to 'poke around.'
We have thought of an idea to remedy the situation - we need to get a new boiler at some point because its very old and we also want to get new windows and doors - my Dad has an idea to ask one of his builder friends to 'pretend' he put new patio doors in at the time of putting the windows in - the worst case scenario is we will have to rip out a perfectly good patio door and replace it with a new one - just so we can get a certificate!!! Once we have the new patio door and boiler, it won't be a risk to invite the council out to drop the kerb for us - is that correct?
But then there is the separate issue of covenant consent that I am trying so hard to get my head around - I am worried that if we ask for covenant consent for a 'new' patio door and new boiler, they will ask about the current condition of both and I don't want to have to lie about something I don't really understand enough about!
I understand that you have to get covenant consent from the original land owner - does anyone know if there are details of who to contact in the deeds? The solicitor is sending the deeds for us to sign next week. I just want to make sure we won't fall into any traps when we are trying to get covenant consent for existing items that we have to pretend are new!
I had a chat with the solicitor yesterday who said it is very rare that we will get caught out and she did advise that most clients would simply just go ahead (!!) She also thinks that if we request the sellers to sort out the issues retrospectively or ask them to drop the price, they will pull out of the sale because there are many other people who would just go ahead with everything as it is - we are in such a difficult position because doing all this for the first time, we don't really understand the severity of it but really don't want to risk losing the house as we have waited so long for this!
Sometimes I wonder if I am worrying about nothing from things I have read online but I just feel like we're 'in the dark' about it all and are forced to just go ahead because we don't want to lose the house.
If anyone has any advice or has been through a similar experience, I would be so grateful for your help