Property solicitor

[MummytoGeorgie]

I'm on maternity and I miss my work!

I'm a property solicitor, if anyone has any questions I would be more than happy to give some free advice to do with conveyancing i.e moving home, enquiries, searches, title documentation etc (no landlord tenant as that's not my area of expertise).

TIA

@areyouhavingagiraffe if it was over 10 years ago then it's fine xxx

@MummytoGeorgie, thanks. I just spoke to my Solicitor, after having sent over images of the fixed staircase, asking whether it triggers BR. She advised that if they are saying it is storage, then the means of access is irrelevant! I keep mentioning the fixed staircase etc. She said we can ask them for a regularisation certificate, but they won't have it (they don't have it as they would have provided). She said it is up to me how I want to proceed now.....I am a little lost.
How do we know what makes a room "habitable"?

Oh wow, this is just what I need right now!
We are due to exchange this week and we saw mice last week and got in pest control. It's just occurred to me I might need to tell the buyers. Do I have to disclose it?
I don't remember a question about it on the forms but also we genuinely didn't have mice then. Help!

@areyouhavingagiraffe

Your search results will reveal if any building regulations were obtained for the loft.

A regularisation certificate can be obtained from the council it is retrospective (after the event) may not be granted and would invalidate any potential indemnity policy.

Doesn't matter if it's used for storage! It is what it is a loft room and the fact that there's "fixed" stairs means BR would have had been obtained.

as it's over 10 years old I would rely upon indemnity if it was me.

Have a look at this guide for your own information:

ecab.planningportal.co.uk/uploads/miniguides/lofts/Lofts.pdf

Habitable spaces must have a means of escape and a minimum head height of 2 metres is needed. Adjustments may also need to be made to the roof structure and joist to ensure it's adequately supported.

xx

@lookingformyleopard hello!

There is no questions about this on the forms but you should disclose it even though it is tempting to keep this to yourself as many people probably do.

Where are the mice and what did pest Ctrl say?

Xx

@MummytoGeorgie, thanks and I am sorry to keep pestering you. I did look at the planning portal. No building regs for the loft at all (as confirmed by searches). Therefore this means that the works have been done with BR.....I really don't know what to do now....
My Solicitor says we cannot accept an Indemnity for a Habitable Room. Is the Indemnity you are thinking of to stop BR enforcement?

@MummytoGeorgie, there is no loft extension (such as a dormer if that makes sense). The BR link in the pdf you posted didn't work for me.....

[quote MummytoGeorgie]@lookingformyleopard hello!

There is no questions about this on the forms but you should disclose it even though it is tempting to keep this to yourself as many people probably do.

Where are the mice and what did pest Ctrl say?

Xx[/quote]
Thank you for taking the time to answer.
We saw one in the kitchen and bathroom. They put bait and traps down and they're coming back this week to check. We're in a terraced house by a canal so he said they're kind of inevitable really. We had them a few years ago too and so have neighbours.
He seemed hopeful that he could get rid of them but no guarantees

Thank you so much for all your amazing advice, you helped so so much. We got it over the line!!!! We Exchanged!!!! Can’t tell you the relief!!!

Just back from dropping down lots of presents to the conveyancing assistant and solicitor 💞💞💞

@areyouhavingagiraffe the indemnity would cover the lack of building regs for the fixed stairs xx

@lookingformyleopard I would advise your solicitor about this to inform the buyers solicitors but also state that it's next to a canal and you've already appointed pest control to deal with it prior to completion. Xx

@Mummytopoppets ah great news!! You can relax now :-))) hope the move goes well xxx

@MummytoGeorgie, thanks understood. I am concerned about all the other unauthourised work in the loft "storage" room; all supports taken out, plastering of walls, what is the condition of the floor (has it been strengthened). I spoke to my Uncle yesterday (ex Council Surveyor) and he talked me through BR, and why they are so important. It is unlikely that Council will enforce, and unlikely the whole thing will collapse, but in the event of a fire for example, my House Insurance could be null and void. It also hasn't been reported to my Lender - my conveyancer just said "we can report it if you like, it's up to you, they may withdraw mortgage". In the same breath she said "The Lender will be interested in this as they are lending on a property which has no authourisation for extensive works being carried out"

What is being marketed as a 3 bedroom plus a loft room (which I though was fab), is actually a 3 bedroom plus illegal loft conversion.

@areyouhavingagiraffe I would refer any concerns re structural support to your surveyor. Did they mention it on your survey report? X

@MummytoGeorgie, I had a basic valuation from the Lender; I haven't been sent that, I was told by my Broker that some Lenders do not send this out. However, the Lender would assume that all paperwork / building regs are in place.....
I have not had a full structural survey, I have spoken to a Surveyor about doing this now (it is never too late), but the Surveyor said it is not an intrusive survey, and they will outline any potential issues and remedial work. They do not advise on BR, I would need a building control officer to look at this and advice what it needs in order to get sign off from Bulding Control. I have decided to ask for Regularisation Certificate; I actually spoke to another Solicitor (whilst mine is on leave) and she was very helpful and said it absolutely should be raised with the Vendor's Solicitors. The person I spoke to yesterday said "there is no point". If the Vendors say "No, there is no Cert" at least I know where I stand, and then I will be back on the house hunt

@areyouhavingagiraffe you should get a survey done definitely! I've had surveys I've reviewed in the past (not to do with building control) that will say that the loft support isn't adequate etc.

What a pain!

Definitely get one done xx

@MummytoGeorgie are you still up to providing a bit of advice please? Or have you had enough! X

@Gettingonabitnow haha I'm happy to help :-)

@MummytoGeorgie thank you. It is relating to a probate SAM at the top of the chain, it is going to render our family of five homeless v shortly due the delay in the process. The solicitor who is representing the top of the chain says the lender has no idea how long it will take as they have to instruct an independent surveyor to value to value the property. So, we could be sofa surfing for another week (it’s been two weeks since the SAM was discovered) or another two months. You mentioned when I asked you bit ago that they tend to just be processed and it’s not too bad - is there anything we can do get a timeframe on it all do you think? I’m beside myself with worry. Thanks so much xx

Hi there @MummytoGeorgie you were very helpful a few weeks ago! We are supposed to complete tomorrow! The solicitors had agreed to try to exchange beforehand and our solicitor asked last Friday if we were happy to exchange that day to complete 24th. We were keen to agree but apparently vendor’s solicitor waiting for redemption certificate. Same Monday, yesterday and not heard anything today. Is this normal? In my previous life years ago, I used to sell mortgages and these things only took a few days and if near completion, they would be hurried through. Have things changed now? I can’t believe we still don’t know if we’re moving tomorrow although they did agree the 24th to complete. Should we be worried?

@Gettingonabitnow hey, so sorry to read this! It really does depend on the lender, what with covid at the moment everyone is experiencing delays and have a backlog to work through.. if they have to get a valuer round to the property then that could take a week or two to arrange in itself. Generally these things are noted at the outset (sellers solicitors at fault if it wasn't as they should have picked this up) and that's why it doesn't pose a delay but as it's only just been found inevitably there will be a delay now. The only way you can get a timescale is if the sellers solicitors can obtain one and provide one to your solicitor :-( x

@Subbaxeo hey! Hope you're ok. If they don't have the redemption statement then they can't exchange and complete tomorrow. I would recommend calling your agent and solicitor first thing to find out exactly what is going on! You can exchange and complete on the same day but if this happens there is no guarantee that completion will proceed as nothing is legally binding until exchange! I hope you get answers in the morning! Keep on at them hourly until you know !! Xx

YesI will-I thought these had a week turnaround-unless they forgot to ask for it! Can’t believe it’s not a simple thing to email out. Thank you!

@Subbaxeo some lenders reserve the right for a week to provide redemption statement whilst others can take a couple hours just depends on the lender. Hope it goes through tomorrow for you x