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Original poster

Buildings regulations for very old extension

15 replies

Claire198 · 09/08/2017 22:25

Hi,

I'm new to this but so need some advice and a little rant if I'm honest! We are selling our house, our buyer is being a real pain in the proverbial! He is an investor, he has had a full survey done, which I don't believe brought up any issues as this was done 2 months ago and no renegotiation has been discussed. However, we was supposed to exchange last week to complete on Friday. He has now demanded buildings regulations for an extension built in 1967. We have been told by our solicitor that any work carried out more than 20 years ago does not require buildings regulations/planning. So this was not good enough for mr investor, so an indemnity insurance was offered, he also refused this. After much discussion my husband and I decided for the sake of the sale we would pay for the not legally needed buildings regulations on the condition that he completes next week and get the council out in his own time once the house is his for this pointless piece of paper. He has refused, we are now at stalemate. I cannot get my head around why he is holding up proceedings for something that is not required, and may potentially pull out because of it. I am worried about wasting more time (it can take more than 4 weeks for this to be sorted) and wasting money when he hasn't exchanged contracts yet, I could spend money on this pointless thing for him to come back later and request something else. Am I right to insist that I will pay the cost (about £250 I think) on exchange of contracts? My solicitor and estate agent both agree with me but I'm scared we will lose the buyer!

OP posts:
wowfudge · 09/08/2017 22:45

He's an absolute idiot if he thinks he needs building regs on an extension of that age. You've bent over backwards for him and that's not good enough. Time to tell him either you agree exchange and completion within the next week - assuming there's nothing else outstanding - or you'll put the house back on the market. He's either a total idiot - do not contact the council - or he's manipulating you to a position where he'll reduce his offer and you'll be so desperate you'll agree. And don't pay for building regs - it won't meet current regs anyway (but doesn't have to) so he'll want to reduce the price. Just tell him no more. Withdraw the offers you have made to try to resolve things.

allsinginganddancing · 09/08/2017 23:42

If he was really that concerned, he would have accepted the indemnity policy. As pp said, it won't meet current building regs standards as the requirements have changed and it isn't needed anyway. The reason he's holding things up is that he's trying to manipulate and pressurise you. Wouldn't be surprised if he lets you sit and worry for as long as possible before coming back with a reduced offer. The only way round this is to take control and call his bluff; tell him he must exchange by a set date, no ifs or buts, or the house goes back on the market.

Original poster
Claire198 · 10/08/2017 07:33

Thanks guys I didn't realise that the extension would not conform to buildings regs today, that makes sense now, it's obviously his way in to force us to drop the price. I will tell tell him to give us an answer by the end of the day or it'll be back on the market. Fingers crossed that works 🤞

OP posts:
user1499786242 · 10/08/2017 07:41

What an absolute knob
He thinks he is clever and he's trying to manipulate you
Like other posters have said it won't meet new building regulations!
And I thought that in order to get building regs they have to see the 'build' before, during and after
But not sure if it's the same for retrospective regs tho!
Offer the indemnity insurance and if he's not happy with that then you'll have to find a new buyer
Which I know is completely shit and would hold the whole chain up
But there really is no reason for him to be insisting and pushing this, well other than him wanting to lower the price!

Buying and selling houses is so shit Confused

Pradaqueen · 10/08/2017 07:49

Call his bluff and put it back on the market this morning I'd say! Ask the Estate Agent to reinstate on rightmove under 'for sale'. If he's being an arse at this stage it won't get any better as the process moves on. You've done everything a reasonable person would do and a reasonable solicitor would accept and he isn't buying. If you are in a chain, contact your vendor and advise them of the situation so they don't get frustrated. Weird behaviour from someone who is presumably £1500 in for a survey, finance costs etc. Or maybe he is an avid 'Apprentice' or 'Dragons Den' viewer and thinks this is how you should 'negotiate' 😉

PunjanaTea · 10/08/2017 07:57

He's stalling, either he wants to renegotiate price or he can't access the funds to buy your property in the time you want to complete.

You may need to put your house back on the market.

Bobbybobbins · 10/08/2017 08:11

Yep, totally agree that he is trying to get you to drop the price. As an investor, he must know that it would not meet current standards (as hardly any would presumably). I would also put it back on market.

AnneElliott · 10/08/2017 08:17

All you get from building refs is a letter telling you that "as far as can be ascertained, the building was built to the regulations appertaining at the time".

I would take the indemnity myself. Agree he's going to drop the price. Get it back on the market and call his bluff.

Original poster
Claire198 · 10/08/2017 08:52

Thank you guys, I really appreciate your answers, I've gotten myself so stressed over this situation! I guess there are just a lot of idiot time wasters out there! Just so upsetting as my ds is starting nursery in September and I so wanted him to be settled beforehand. Now we are stuck in limbo living out of boxes and it's so chaotic. Bring back human decency I say!

OP posts:
HipsterHunter · 10/08/2017 13:14

He's being a time wasting manipulative twat.

He exchanges or it's back on the market.

allsinginganddancing · 10/08/2017 13:25

Good luck Claire198 !

ChampagneCommunist · 10/08/2017 14:25

Hello, property lawyer here.

Building Regulation Completion Certificates have only been issued since 1996, so he can't have that; they just didn't exist in 1967.

It's possible a Notice of Passing of Plans might have been issued back then, but the local authority may well have destroyed or microfiched it since then; they only tend to keep info from 2000 onwards easily available.

In any event, a Notice of PP just means the plans have been checked and look OK; it doesn't mean the extension was built in accordance with those plans or is safe.

He needs to rely on his surveyor or structural engineers advise, if he is really worried (which I doubt)

Original poster
Claire198 · 10/08/2017 16:33

Thank you all for your help. I have now actually contacted the local council who have told me that they cannot provide buildings regulations as they do not have them that far back. Also I cannot apply for a regularisation as they do not go back further than November 1985! So all that hassle for something that cannot be done anyway. Waiting to hear now if he pulls out or not!

OP posts:
wowfudge · 10/08/2017 19:06

Well there you are - no point paying for an indemnity either then. Let him put his money where his mouth is.

Original poster
Claire198 · 10/08/2017 19:59

That's exactly what I thought! Guess tomorrow will bring news one way or the other 🤞

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