Apartment sale: Missing Architects Opinion

L

Luternau

Registered User
Messages
1,172
Te sale of an apartment I own fell through recently due the absence of the architects opinion on compliance.

The auctioneer won't relist it until this is rectified. They offer no advice on how to do this. My solicitor is not that keen to put the time into resolving it after the buyer pulled out. Everything else is in order

The building architect advise they no longer hold copies of this on file. I was hoping they would offer a replacement or provide an affidavit that it complied, but so far, have not offered that.

I contacted the apartment management agen but they was not of much assistance.

Can anyone offer advice on how to resolve this and the time involved. If it's going.to be a long time I would have to relet the property rather than have it sit empty indefinitely.
 
Could you write a note into each of the other apartment holders and ask them if they can access their title deeds. You could offer an incentive. They all should have it. If someone without a mortgage could call up their deeds from solicitors, or may even have them to hand.
The alternative is paying a professional to offer an opinion on planning and compliance. Expect to pay about 1k for this.
 
  • Like
Reactions: Leo
Thanks...I actually tried this as an avenue., thinking they would be generic documents. The note or document is specific to each unit so other than being a template to the original format, I am told its not possible to use it for another unit.
 
Luternau said:
Te sale of an apartment I own fell through recently due the absence of the architects opinion on compliance.

The auctioneer won't relist it until this is rectified. They offer no advice on how to do this. My solicitor is not that keen to put the time into resolving it after the buyer pulled out. Everything else is in order

The building architect advise they no longer hold copies of this on file. I was hoping they would offer a replacement or provide an affidavit that it complied, but so far, have not offered that.

I contacted the apartment management agen but they was not of much assistance.

Can anyone offer advice on how to resolve this and the time involved. If it's going.to be a long time I would have to relet the property rather than have it sit empty indefinitely.
Click to expand...
When you purchased the apartment you should have received this document with your contracts, so you should have it on file somewhere.
 
David_Dublin said:
Could you write a note into each of the other apartment holders and ask them if they can access their title deeds. You could offer an incentive. They all should have it. If someone without a mortgage could call up their deeds from solicitors, or may even have them to hand.
The alternative is paying a professional to offer an opinion on planning and compliance. Expect to pay about 1k for this.
Click to expand...
My former landlord did do this, 1k isn't a huge outlay if you are selling for more than 200k.
 
Luternau said:
Thanks...I actually tried this as an avenue., thinking they would be generic documents. The note or document is specific to each unit so other than being a template to the original format, I am told its not possible to use it for another unit.
Click to expand...
That's correct & its because each unit has to be validated in its own right against plans to make sure that the developer didn't make some change that wasn't compliant. (Incredible as it might seem, this can and does happen).
 
Annie51 said:
When you purchased the apartment you should have received this document with your contracts, so you should have it on file somewhere.
Click to expand...
You are correct. My original solicitor would have got all that for the conveyance. Unfortunately, 20yrs later it's no longer in the file and cannot be located.
 
lff12 said:
My former landlord did do this, 1k isn't a huge outlay if you are selling for more than 200k.
Click to expand...
Is anyone able to recommend an architect/company to do this. I have asked two already and they don't do this.
 
Luternau said:
The building architect advise they no longer hold copies of this on file. I was hoping they would offer a replacement or provide an affidavit that it complied, but so far, have not offered that.
Click to expand...
Have you asked them?

It shouldn't be that hard for them to confirm in writing that they acted for you and that their services at the time you purchased would have included the provision of an architects opinion on compliance.
Luternau said:
The auctioneer won't relist it until this is rectified.
Click to expand...
Have you tried any other auctioneers?

It seems crazy that the loss of a historic document could prevent the marketing and sale of a property 20 years on.
 
T McGibney said:
Have you asked them?

It shouldn't be that hard for them to confirm in writing that they acted for you and that their services at the time you purchased would have included the provision of an architects opinion on compliance.

Have you tried any other auctioneers?

It seems crazy that the loss of a historic document could prevent the marketing and sale of a property 20 years on.
Click to expand...
It was my solicitor that said the architects did not have copies of the original certificatation. I then asked them to find out if it was possible for the architects to swear an affidavit to state it was compliant at the time or similar. I don't think they asked as I heard nothing since. I am going to try and follow up direct with the architects as time is money to me here.
I am unhappy with the stance of the auctioneer. Its not their property to make that decision with no discussion on it. I have spoken to another auctioneer and they said it would not stop them listing it. They were also surprised with the decision no to relist, saying it was easily achievable to sort this while viewings were taking place.

I think it's new auctioneer and perhaps solicitor time.
 
T McGibney said:
It seems crazy that the loss of a historic document could prevent the marketing and sale of a property 20 years on.
Click to expand...
It won't. It's common for a recent certificate of opinion on compliance to be required for older properties, as a 20 year old document does nothing to validate that any works completed since were compliant. Bank's are getting more particular about ensuring properties haven't had unauthorised work carried out.
 
Leo said:
It won't. It's common for a recent certificate of opinion on compliance to be required for older properties, as a 20 year old document does nothing to validate that any works completed since were compliant. Bank's are getting more particular about ensuring properties haven't had unauthorised work carried out.
Click to expand...
Thanks Leo,
Am I reading your post correct that the missing certificate is not an issue that should be used to delay remarketing the property?

As an apartment there is little to nothing I can do to alter its size or layout.
 
Luternau said:
Thanks Leo,
Am I reading your post correct that the missing certificate is not an issue that should be used to delay remarketing the property?

As an apartment there is little to nothing I can do to alter its size or layout.
Click to expand...
Yeah, the banks aren't looking for a history lesson, they want to know whether the property in its current state is fully compliant with planning regs to protect against a non-compliance issue significantly affecting its value.
 
Leo said:
Yeah, the banks aren't looking for a history lesson, they want to know whether the property in its current state is fully compliant with planning regs to protect against a non-compliance issue significantly affecting its value.
Click to expand...
Thanks again Leo

I am assuming I need the old or new opinion. The old one looks.a non runner and.two companies I asked said they dont provide this service.

Can anyone recommend to me an architect / other professional that can help me.
 
You must log in or register to reply here.
Back
Top