Issues over building regs - help!(21 Posts)
So we've found our dream house and sold ours really quickly to a lovely couple of FTBs. The whole thing is taking an age for what seems to be the usual reasons, haven't been too worried up to this point. Alas, we received a letter from our buyers solicitors asking for building regs for replacement window lintels and a shed wall. Without these, they have stated they will not proceed. All well and good if we had them, but the work was done before we moved in. Could be years before - it never came up when we bought 13 years ago ( and had a survey done!). Quite shocked that our keen buyers, who had told me 3 days before that the survey showed no issues, now were prepared to pull out. When I spoke to them, they were horrified and told me they had no intention of pulling out! Not sure what their solicitor is up to but it isn't helpful for anyone. I am quite happy to consider indemnity, further surveys etc to resolve, but cross about the ultimatum. My solicitor says it may just be a 'threat' but why on earth would you want to threaten a seller on behalf of your buyer?? No money, discounts etc have been mentioned at any stage! Would be grateful for any advice or general support - why does it all have to be a fight?!
That sounds awful ! Maybe the solicitor had a bad day ! Or maybe they just use this method to get a quick response ? Either way - if you clearly explain that these were carried out before you owned the property hopefully it will resolve itself - I'd ignore the brash rudeness of the letter if you can until after its all gone through . Then if you still feel strongly about it - write and say so to the practice manager ! With a copy of the letter !
Stay strong... You will get through this !!
Thank you so much Wookie's wife! I am trying so hard, but DD moved out this weekend so quite emotional anyway, and struggle to see how rudeness helps! Good idea on letter - this same solicitor previously demanded building regs and planning permission for our rear extension. We don't have one! Perhaps she is just very, very tired....
I need to vent again! Now heard back and phew - they definitely do want to proceed, but the solicitor has now decided it's a door lintel she's talking about. Can't say which door though! We have explained again that we haven't had any work done. WTF?!
We had this when I went to sell my flat (windows had been replaced by previous owner without planning consent!) Our solicitor went back stating 'the purchaser must satisfy themselves in this regard' (on this and loads of other little picky points)
From what our solicitor said at the time, buyers sol often do this to cover themselves in the event of it becoming an issue for their client in the future, and at least they can say that they raised it and the client ignored it IYSWIM?
I would instruct solicitor to go back and state the above, no further explanation. It sounds as though the solicitor is making an empty threat without speaking to their client in order to try and get a fast response
Thanks Foxred, I expect you're right. They seem to have done very little for the past 8 weeks, perhaps they are now panicking. So did it resolve itself for you? I've been amazed at the triviality of some of the queries - we know you've said you'll empty the loft, but will you empty the loft? Bonkers. But each little query earns them lots of money I guess! Just wish it was all over, I know everyone says that though!
Yup with ours they all the issues resolved themselves, as you say the solicitor is 'earning their fee' driving you crazy into the bargain!
We were on the other end of this recently. Our vendor and her solicitor were never going to respond to our questions about what was extended and when, let alone whether it was all signed off at the time because it was all before her time.
We actually found the plans ourselves, fortunately all had the council's "approved" stamps on, along with notes from site visits by the building inspectors. These were all down at our county council's records office. We found them by entering the name of the house into their database. Maybe you could do a similar search just to clear this all up?
Good idea, of course there is no guarantee there will be anything there as I have no clue when the windows were changed - and not sure you need planning permission for windows do you? The who,e thing is driving me mad. I sincerely wish if this was going to come up, they had had their survey done at the beginning, not 7 weeks in, meaning we are much more likely to lose our new house as we are running out of time. And there's nothing wrong with the bleeding lintels! The surveyor actually said that to me...gaaaah
I think you need to tell them the work was done before you moved in and if they want to pull out, can they do it quickly as you have to crack on
Thank you Formica. I've asked the solicitor to say just that and the response was still that they wanted to proceed. They then came up with the door issue. Beginning to think we are being jerked around! And checked council planning website - nothing on there. I have no wish to sell an unfit house but there is really nothing wrong with it! Stressed to eyeballs! But thank you all for your support and suggestions. My husband just says 'it will work out' - how does he know??
It is not an issue.
You don't need planning or building regulations for replacing windows and doors. New openings may need both but you are well past the statutory limit for enforcement action. Your solicitor could offer to pay a (very cheap) indemnity policy but there really is no need.
If they want to pull out they don't need a reason. If they want to buy your house this is not an issue which will prevent them.
Thank you Netguru, the voice of reason, which is what I need to hear. I now need them to buy it, or bog off.
From the bizarre to the ridiculous - my buyer's solicitor now wants to come round and see the house for herself. My EA and solicitor have never heard of such a thing and neither have I. Again, WTF?!
That's so weird. I'd refuse.... and tell the purchasers. They might want instruct a
sane new sol.
Beyond pissed off and out the other side. Have said to sol and EA that fed to back teeth of unanswerable queries and mad demands and want commitment to purchase in 1 week or back on market. How strong am I?? Off to measure up new house tomorrow, in spirit of hope and defiance!
good for you ! sometimes these people need telling ! way to go !!!
I think it may have worked...sort of. Their solicitor is now giving us options to resolve the (actually non) issues, looks like indemnity if not too expensive. Could be worth it if it means we don't have to start all over again - trying to be pragmatic! Hope not being taken for a fool..
Has this solicitor getting a finders fee for indemnity insurance? makes you wonder.
Quite possibly. Apparently it is something the lender will insist on - who she also represents! All legal apparently, not a conflict of interests at all...
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