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Will this delay completion? So stressed out.

42 replies

BeautifulLiar · 06/12/2017 06:09

So far the solicitors have been rather positive about us completing on December 15th. There's no chain and the vendor is "vey laid-back". We've put lots of things in place to be able to move that weekend.

Got the contracts etc to sign yesterday. V excited. Until I read through them.

They've enclosed a letter that they've sent to the vendor's solicitor (only on Monday ffs). Apparently our solicitor can't find any planning permission for the large extension on the house (which was done in 1999?! Vendors moved in in 2015).

Solicitors have stated in the contract etc that they will not exchange without this issue sorted out. It's never been mentioned to us and we were told that the searches had all come back fine.

Any chance of us still being able to complete in nine days? :(

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BeautifulLiar · 06/12/2017 09:14

Need to remind DP not to contact the council either! I don't think he would, but just to be on the safe side. He'll be ringing them any minute now, they had better not fob us off!

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BeautifulLiar · 06/12/2017 10:34

Fucking hell, he's rung them five times since 9am and left voicemails but they're not getting back to him.

We're only buying this house because of the extension - we want to convert it into a toilet, utility and playroom. So scared this won't be possible now

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BeautifulLiar · 06/12/2017 14:47

I really don't think we're moving.

Solicitors didn't really have an answer. Just waiting on vendor's solicitor. But they did sort of say that if this is an issue, we might have an issue converting the garage, which is one of the main reasons we wanted that house, and we've been saving like twats for it.

I've got to move. I can't stay in this town much longer. I want to feel safe while I'm out shopping. I want to start afresh. The kids have got places at the village school, due to start in January.

Unsurprisingly it's VERY hard to find a house big enough for six people, with a budget of £140,000, in a lovely area. This house was all that.

I'm surrounded by boxes. Needless to say we haven't put up a Christmas tree or anything.

Don't know what to think :(

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BeautifulLiar · 06/12/2017 14:47

Oh - and apparently the solicitor is "going to speak to the council" so no fucking chance of indemnity insurance now.

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Lilliepixie · 07/12/2017 21:41

Don't panic
I didn't have completion statement when I sold, vendor wanted backdated ones, council wouldn't do it, but they issued a 'comfort letter' saying there were no issues.
The council didn't really care.

BeautifulLiar · 08/12/2017 10:34

Thanks Lillie.

Solicitor has recommended we request retrospective building regulations. Can't see the vendors doing that!

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Lilliepixie · 08/12/2017 10:50

It's a phone call to the council and a letter (which was emailed) immediately. You don't actually apply for planning again.
The comfort letter states that as building works were x no. of years ago, the council will take no action.
Ultimately it's up to you if you think the house is sound enough.

kingjofferyworksintescos · 08/12/2017 12:26

From what you have described is it possible the garage was added with permitted development rights then later the upper building works added with the planning permission you have found ?

If it's been built without planning you can as your solicitor suggests apply for retrospective planning content , I've done this in the past but usually have a planning advisor to help me , it's probably a completely straight forwards but just makes it easier using a professionals wording , I've always found them worth the money .

BeautifulLiar · 08/12/2017 13:35

Thank you

I think we're going ahead with indemnity insurance

I rang the planning department at the council (didn't mention the address) and he seemed very confident that we'd be fine doing our conversion.

So we could still be on for a week today (solicitor has asked us to pay the deposit on Monday!)

Fingers crossed...

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pullingmyhairout1 · 08/12/2017 14:16

Fingers crossed

kingjofferyworksintescos · 08/12/2017 14:51

Fingers crossed , moving is so exciting !

BeautifulLiar · 08/12/2017 14:54

Thank you, thank you!

Funnily enough we're actually doing our second viewing tomorrow with a builder in tow so he could look at how "sound" the extension is, although the survey was fine.

Desperate for the vendors to let us know whether they've already got indemnity insurance or not!

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fia101 · 08/12/2017 15:01

Extension would be immune from any planning enforcement of completed in 1999. There is no risk of have proof via photos etc when it completed.

No need for retrospective or insurance. Bank should be made aware there's no risk. Though may be cheaper to buy insurance than time incurred by a solicitor negotiating with banks solicitors.

Don't tip council off though about extension (even though immune) as could stop you getting insurance

No idea about building regs sorry

scurryfunge · 08/12/2017 15:17

Hope it all goes well for you.

BeautifulLiar · 08/12/2017 19:10

Thanks fia

Our solicitor refused to exchange until this is "sorted out"! So I feel that we had no option but to request retrospective building regulations or indemnity insurance.

Still haven't heard back from the vendors yet. I'm getting worried now that they have (innocently) tipped off the council at some point!

God knows what our options would be then...

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PunjanaTea · 09/12/2017 09:34

Surely this is a complete non issue. There is planning permission and as it’s over 10 years old building regs etc don’t apply. I’m not sure you even need an indemnity policy. What are you indemnifying against?

If you do work to the garden you will get building regulation sign off which will oc we future sales, and as mentioned above there is planning for the first floor extension.

NotDavidTennant · 09/12/2017 09:57

Is it really a double storey extension, or did the build a first floor extension on top of an existing garage? My guess is the latter and that your solicitor has got the wrong end of the stick and is delaying this pointlessly.

I also wouldn't rely on your vendor's solicitor to facilitate a speedy response. Phone up the estate agent, tell them that the sale is at risk and that you need the vendors to deal with this issue quickly. The estate agent will be motivated to help you move things along as they won't want to lose their commission.

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