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Would You buy a house if seller can not provide documents ?

31 replies

Theeasypeasywoman · 22/01/2021 19:04

So we are in the process of buying a house and sellers cannot provide following documents :
1.planning permission of two storey extension
2.Missing deed containing restrictive covenants

  1. covenants consent for previous extensions
  2. Boiler regulation certificate

We are FTB and in a bit of worry regarding this as we do not know if we should go ahead with the purchase or not. Our lawyer has asked for indemnity insurance to the seller but we think its quite a lot of important documents missing and we do not want to be in trouble when selling the house. I will really appreciate your thoughts on this

OP posts:
burntpinky · 23/01/2021 07:13

I’m selling at the moment and removed an internal wall in 2004 without freeholders consent or planning permission/building control sign off (I was clueless back then!). My solicitor doesn’t think it will be an issue as it was over 16 years ago but if it is, we will offer indemnity insurance.

I would say though don’t contact council to discuss as this then means you couldn’t take out indemnity cover

LemonViolet · 23/01/2021 07:33

We feel like we as buyers doing half of the work which solicitors and sellers are supposed to do.
I had this feeling A LOT when buying our house, what do we pay them for!!! Surely the 2006 planning should have come up when your solicitor did the searches? They should be dealing with the land registry about the covenants?

Honestly as a recent FTB this all sounds surmountable and wouldn’t put me off for the right house. We were also missing planning permission for loft conversion (30y old), evidence of previous right of access via a neighbours land, we decided none of it was a dealbreaker for us personally so went ahead with the purchase.... when we moved in to the property, we found a lever arch file FULL of all of this documentation and more - including plans for various alterations going back to the 50s, like a history of the house it’s pretty cool. It was all there all along - reading between the lines we think our seller had dementia and had forgotten she had them. These things exist somewhere, but if it’s long enough ago it simply becomes irrelevant as time passes. No one is going to make you take down a 20 year old extension. For your own piece of mind get the copies you can to retain for your own reference & for any future sale, indemnity the rest, and you’ll probably replace the boiler at some point anyway, just keep all the certificates you get going forward in an organised way so you don’t have this problem yourself.
Hope it all goes smoothly for you OP.

Els1e · 23/01/2021 07:59

I wouldn’t be bothered about the boiler certificate. That can be checked easily. However, the other stuff, I would want some sort of resolution before proceeding.

user1487194234 · 23/01/2021 08:25

Are you sure you mean planning permission,which isn’t a problem,and not building regulations,which could be
Agree with pp this is what you are paying your solicitor for
I would be very careful about going ahead
At the moment it’s the sellers’ problem,don’t make it yours

handsandfeet · 23/01/2021 08:33

Yes I would if that was the house I wanted and had my heart set on

Especially given the length of time
Lapsed since the extension was done

ballsdeep · 26/01/2021 20:00

I am in the process of selling and haven't got my boiler compliance certificate. I can't order a new one as the plumber didn't register it and he has since gone out of business. If I get my boiler serviced and issued with a landlords certificate, will that be sufficient? I have phoned my solicitor but they haven't phoned back!

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