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Retrospective Consent

3 replies

Alilmile · 23/11/2022 00:03

Hi, could do with some advice please.
we are purchasing a house (FTB) our solicitor has requested retrospective consent for an extension built 21. the house was sold as freehold by council in 95 with Restrictive covenants.

The property was resold in 19 with a conservatory and this matter was not flagged then.

The sellers have contacted local housing association (who now own all council properties) they don't believe they own any rights to the Restrictive covenants.

contacted the council (who no longer deal with housing) and they have passed this over to council solicitors to review.

i have advised my solicitor we are happy to purchase without consent and indemnity insurance but has told me that is not possible.

has anyone any advice on timescales with retrospective consent with councils?

we need to complete before 10th dec with mortgage offer expiring and this is only thing we are waiting on.

Thanks

OP posts:
Japanesejazz · 23/11/2022 00:25

Never contact anyone who may have the benefit of the restrictive covenant
Both you and the seller should have left this to your respective solicitors and not interfered
Why did either of you actually appoint solicitors: seeing as you all know so much more about conveyancing then they do apparently?
but basically, you are now in the hands of the council solicitors, and councils are quite short of money at the moment, nor do they deal with anything quickly
next time you’re buying a house
Let your solicitor deal with it, clients never make things easier, faster or cheaper by calling anyone they can think of

Roselilly36 · 23/11/2022 07:05

check the indemnity insurance policy you are thinking of purchasing, usually they don’t offer cover if the risk you are wanting to insure has been reported to the council.

Alilmile · 23/11/2022 11:03

It was the solicitors who have contacted, nor me or the seller have contacted anyone this is all been dealt with via the solicitor! Where I have put contacted local housing association this was the solicitor.

OP posts:
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