Selling New Build - Solicitor’s Request

[marshmallowmarzipan]

Posting here for traffic.

I’m selling a new build (bought in early 2021) and Solicitor is asking me for lots of documents including proof of planning permission and building regulations, section 38 and section 104 agreements. Are these standard things I should have? Fairly sure the Developer never gave me anything other than warranties for installations etc.

Can the solicitor request from the original developer?

TIA

Planning permission is a matter of public record here and available online on the Local Authority's planning portal.
Dunno about the rest, but no idea why a Solicitor would imagine you had them.

Thank you - I just feel like it’s sheer laziness that they’re wanting me to track it all done. They’ve been sat on these queries for a week too.

These are documents that your solicitor will be able to get for you. They will be available on the council's website. Alternatively, your solicitor can state that the other side's solicitor accesses these documents. I wouldn't say they are for you to supply. These are standard docs that the solicitors can request from the LA.

Things like building regs, you as an individual would only have readily available copies of you have had any electrical, or extension works done since you moved in.

s104 is a sewer adoption.
s38 is a highway adoption. There may not be a s38 agreement as sometimes the council do not adopt new highways, and these are covered by your service charges instead.

Usual behaviour by solicitors (or more likely their clerk). Get the customer to do the work and then charge them for it.

This is exactly how I feel! They want me to do everything for them.

thanks for all your help - it’s all a bit of a minefield

You would assume that when you purchased the property your solicitor acting for you would have obtained copies of these documents. Can you not contact them and ask for them.?

The solicitor I used to purchase is actually now acting for the buyer so my solicitor could probably just ask their solicitor

Does the solicitor think you built it?

Tell your solicitor that their solicitor already has that information, since it was they who were acting for you when you bought it. So it jolly well ought to be in order!!!

😂 It certainly feels like that!

But no, a big national developer

It's really annoying. A solicitor once told me they were waiting on the council for evidence of planning permission for a window. I went on the council portal, printed the planning consent to a PDF and sent it to her. The same with a flood report. Most of this stuff is online but they pay fees to get paper copies from (often very slow) local councils.