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No enquiries need raising?

17 replies

Fretfulmum · 28/03/2022 13:17

We are in the middle of the conveyancing process and our searches are back. The property has recently been extended to three times it’s original size with lots of different planning permissions required. The solicitor has just informed us that no enquiries need raising as a result of the searches or any of the paperwork that has been sent to us from the vendors. This somehow doesn’t feel right to me? The chancel report came back stating liability but there’s been no mention by our solicitor of the need to get indemnity. The property has had full electrical rewiring, central heating, new roof and windows etc as part of the rebuild and there’s been no mention by our solicitor if we need to ask about paperwork for these or warranties etc. The vendors have provided a 1-page building regulations certificate, that’s it. Nothing else about the renovations. They have completed the Property Information form and the F&F forms too and I have seen them but our solicitor says there’s no enquiries there either. Would this raise red flags that the solicitor is not being thorough?

OP posts:
Fretfulmum · 28/03/2022 14:24

Even things like I don’t know who is responsible for which boundaries of the property. Is it reasonable to think the solicitor should have already enquired about this without me having to ask them to enquire?

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Movingonup22 · 28/03/2022 14:26

I would change solicitors immediately!!!

Even on the chancery thing you need indemnity and you should never rely on the sellers searches - that’s crazy!!

Movingonup22 · 28/03/2022 14:27

And building regs is different to planning permission btw

ImJustNotMeAnymore · 28/03/2022 14:32

Absolutely agree- get a better solicitor.

Cuddlywaterfall · 28/03/2022 14:32

Bloody hell get a new solicitor pronto!! Try to get a recommendation if you can rather than just Google (or worse, estate agent recommended solicitor).

SatinHeart · 28/03/2022 14:37

Hmm. I though solicitors always managed to come up with s few standard enquiries? Not necessarily of the searches, but off the paperwork from the vendors. Sounds like your solicitor might be being a bit laid back, I'd think of a few enquiries of your own and request your solicitor acts on them. Yes they should be advising you on chancel indemnity if she search showed liability.

That said, in my experience, if the ownership of the boundaries isn't on the deeds and/or detailed on the property report,, then raising it as an enquiry won't get you an answer either and I expect your solicotor knows that.

Kyrae · 28/03/2022 15:18

It might be that they have provided all the necessary paperwork to satisfy the solicitor, and they'll send it all over to you with the paperwork for signing (Though things rarely seem to go that smoothly so I can see why you're concerned!), that's usually when you see the final report of everything I think, that's when I saw the map with boundary ownership on too! I'd contact your solicitor and ask them if they have all the correct paperwork for the rewiring, central heating, new roof and windows etc and see what they reply.

Fretfulmum · 28/03/2022 15:51

@SatinHeart if boundary information is unknown that is fine but I would have expected the solicitor to at least query this with the vendors solicitor to confirm or at the very least, advise me that this information is not known. I have Googled what information I need to be aware of so that I am informed. I don’t think I should have to do this and it’s why I’m paying a professional solicitor for their expertise, not for me to find info I think is missing and flag it to them for an update. Obviously there must be so much that I don’t know to check up on which may be critical.

@Kyrae you may be right. The searches came back on Friday and the conveyancing started only 5 weeks ago, so I was sceptical about how smooth it has gone! I know I should be elated that it’s been so quick but I’d rather due diligence was taken over speed. I am going to ask them the queries I have and see what they respond with. Their response will determine whether I get another solicitor at this stage or not, but tbh I’ve lost confidence in them already

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Twiglets1 · 28/03/2022 20:17

I would talk to them first before getting too worked up - they may be able to reassure you that all is well

pilates · 28/03/2022 20:58

I think you need a different solicitor.

There would be planning permissions, building reg approvals with final sign off certificates. Building reg compliance certificates for the electrics and boiler, various guarantees for the roof etc, FENSA certificates for the windows.

It’s very unusual not to raise enquiries.

Fretfulmum · 28/03/2022 22:31

Thanks everyone. @pilates these are on my list to discuss with the solicitor which I found from Google searching. It’s just very frustrating to have to pay out again for another solicitor, and the time delay may frustrate the vendors. I’ll see what the solicitor says tomorrow and then gently let the EA know if we decide to change

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MinnieMountain · 29/03/2022 07:09

Boundaries are section 1 of the property information form. I never push it so long as the seller has answered all the points.

Chancel repair liability could be fine. The standard search doesn’t give a definite answer. If the property had sold since October 2013 any liability would be registered on it now.

Certificates- if they’ve come up on your local search and are over a certain age, the solicitor won’t ask for them.

The extensions could be permitted development.

Your solicitor should have explained the last 3 points to you though.

tothemoonandbackbuses · 29/03/2022 07:21

The one page building regs certificate covers the heating wiring and extension. You have to submit the gas and electrical certificates to building control so they will issue a completion certificate.
Chancel liability is fairly normal and there maybe an insurance policy or the vendor or yourself may be buying one. It’s only £25

tothemoonandbackbuses · 29/03/2022 07:24

The windows may not have fensa certificates as windows are covered by building control.
Planning permission comes back in local authority searches

ukborn · 29/03/2022 07:38

Has your solicitor given you a report explaining all the relevant details of the search results plus all the needed certificates?
My last house had the usual loft conversion and back extension and as there had been a previous aborted sale all the paperwork was ready and in order, but my solicitor still had a page of enquiries, mostly crossing the ts and dotting the is. You can also look up the permissions and plans on the council planning website, if everything has been approved with proper documentation then you are fine.
You would pay for any indemnity.

Fretfulmum · 29/03/2022 10:17

@ukborn the solicitor has given us a search report but it just contains factual information that I can read in the searches themselves. It doesn’t explain if we need to do anything. I’ve looked at the planning permissions online on the council website but what I want to know is that we have all the necessary documentation to ensure all is above board. I have no idea if the 1-page building regs certificate is sufficient. I’ve emailed the solicitor that I’d like this explaining to me.

Fensa for the windows etc- I would have like the solicitor to point all these things out themselves and either explain why we don’t need/have it once they enquired about it with the vendors solicitor. Not sure if I’m expecting too much from them? But just to say no enquiries need raising and nothing like PP, Fensa, Building regs even mentioned makes me feel a bit uneasy. Even if chancel liability is fine and sorted, I’d like to know about the details of it at least. These solicitors weren’t even cheap, they have very good reviews online

OP posts:
vickyc90 · 29/03/2022 11:20

[quote Fretfulmum]@ukborn the solicitor has given us a search report but it just contains factual information that I can read in the searches themselves. It doesn’t explain if we need to do anything. I’ve looked at the planning permissions online on the council website but what I want to know is that we have all the necessary documentation to ensure all is above board. I have no idea if the 1-page building regs certificate is sufficient. I’ve emailed the solicitor that I’d like this explaining to me.

Fensa for the windows etc- I would have like the solicitor to point all these things out themselves and either explain why we don’t need/have it once they enquired about it with the vendors solicitor. Not sure if I’m expecting too much from them? But just to say no enquiries need raising and nothing like PP, Fensa, Building regs even mentioned makes me feel a bit uneasy. Even if chancel liability is fine and sorted, I’d like to know about the details of it at least. These solicitors weren’t even cheap, they have very good reviews online[/quote]
The FENSA certificates can be searched online and bought but it will also be covered under building control which for our own extension we only had a 1 page certificate, which our buyer solicitor was happy with. It's also on the planning portal so we didn't need to send it in if we had lost it as the solicitors just printer a copy (office copies on my bill was around £10). I believer the FENSA certs we had lost we're just bought by our solicitor and added to our bill aswell.

For our purchase I didn't get a copy of all the relevant certs until after completion. The solicitor just told us it was all in order and no further enquires needed raising.

I refused to get a further gas safe and electric cert on the property we sold, so we replied that if the buyer wanted insurance against it was at there cost. They didn't bother.

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