Solr wants Certs of compliance

Catman

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As outlined in previous posts, I'm currently buying a part share of a house from a relative following probate ( I own the other share ) and my solicitor is insisting that I need a certificate of compliance for 2 extensions that were completed in 1981 and 2004. Surely they aren't required if 7 years is over and retention happened anyway at this stage??? [broken link removed]
I rang the architect about the 2004 extension and he says he didn't issue one as he only did the planning permission. The 1981 one I have no idea if a cert of compliance was issued but there was a mortgage on the property at that time so surely all was in order. I have the rest of the title deeds - well, solr does, but he says cert of compliance for 1981 extension not there and he needs both.

Do I really need them? He says it's in case we default and bank tried to repossess and then sues him for not establishing clear title
 
The answer is in your post:

establishing clear title

The solicitor, who is also acting for the bank, must give them a correct title, this means that extensions have conformed to the planning laws. You ahve to hire an expert to get you one. You will not be able to get the mortgage if you don't.

If you were a cash buyer on the other hand, and you felt you didn't think the extensions would ever cause you a problem, you could buy the property as is, as long as you agreed this with your solicitor.

Your solicitor is acting in your best interest.

( I thought it was 12 years the limit before the co.council could force you to take something down if not in compliance.
 
The conundrum is enforcement versus marketable title. Though the council may not enforce an order in relation to a non-compliant development, it still does not comply with planning, rendering the title unmarketable.
 
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