Problem with house - fair to ask for a reduction in price?

[mf1]

or could it be a cert of exemption rather than a cert of compliance?

I think it would be the following:

1. The extension is exempt from the need to obtain planning permission by virtue of the fact that it does not exceed X sq.m etc.,etc
2. However, we certify that it has been built in accordance with Building Regulations.


mf

 

[Sydney100]

Just to let everyone know in case this topic is covered again. I finally got to speak to my surveyor tonight and he says without the cert don't go ahead. I justed needed a definitive answer and it seems I got it. He said just not acceptable or an option that they dont' have it.

The bank are making their decision monday whether or not to release the cheque but based on my surveyors comments we're stepping away. Sale off unless that cert materialises.

The surveyor says they could pay for an engineer now but its not ideal and he can't see into the foundations so its not really acceptable to get a cert in hindsight so basically those people have a house thats unsellable. Apparently in the boom gone by people cut corners with extension to save themselves a grand or two didn't get engineers to check work but banks turned a blind eye and so did people desperate to buy anything in the past market. Now it seems banks aren't accepting it anymore nor are buyers, things have changed...so we're now looking for a new house and we have to forget about that one

 

[bacchus]

Are you saying that any property not having a 5-point letter for extension is not salable? I find this hard to believe..With all respect for surveyor, what other statement would you expect from him.. we are talking about his bread and butter, and he is trying to save it.
From what Vanilla is saying (and i believe she is well qualified to comment), th is not a make or break deal, and this issue has a solution.

Take the case of extensions that did not require PP...Half of the country has thses, and how many do you think have this 5 point letter ?... I would guest very few.. so is half of the country unsalable?

While this could may be a tricky situation, i do believe it is not as clear cut as not salable..

 

[Vanilla]

It's not clear to me what the problem is though. Is the extension ( even at the, to me, very large area stated) actually exempt? Or is it something which did require planning and obtained it but didn't have an engineer supervise the building? Although to be honest in my opinion neither is insurmountable. If works have been inspected now as built and an engineer is prepared to say that they comply with pp ( if necessary) and building regulations ( with the usual caveat being that they cannot inspect works covered up and didnt inspect during building) and if the bank will agree the qualification then I wouldnt see a problem. Houses with this type of cert are bought and sold every day of the week.

 

[angela59]

Hi Syney100,

We put on sunroom 3 years ago, obtained planning permission and got Architect/Engineer to draw up drawings. We got very reputable builders to build sunroom, the architect/engineer never came out while it was being built but having said that the foundations for sunroom were already in place and inspected 15 years ago when we were building then. But we did get a certificate of compliance from the architect even though he hadn't been out to see the actual sunroom being built but did see the foundations when he came out to take advice regarding the drawings. Who drew up plans for the extension do you know? Without a certificate of compliance you saying it is not saleable in the future - what if you were to get a second opinion from another surveyor regarding the building and try to obtain the cert of compliance from vendor's architects that is unless the vendor built extension without proper drawings?

 

[Sydney100]

Hi

I got two surveyors opinions mine and the estate agent whos selling the property gave me a surveyor they use both said same. Without cert pull out. My solicitor is waiting today to hear from the vendors solicitor to see if they will now get an engineer in to see it but from what I understand this isn't ideal as he wasn't there to see the foundations and it being built. I also have friends one a solicitor married to a builder and they pulled out of a house purcahse last year due to same problem. So so far all the advice I'm getting is 'pull out' unless they get an engineer now and see if we can get a compliance form the bank are happy with.

 

[theplumber]

It wouldn´t be the downturn in the property market that prompts your question would it? I´m only asking

 

[Sydney100]

No nothing to do with money its about buying a house that we may not be able to sell in years to come without that cert. And taking on board the advice of our solicitor, surveyor, friends who are solictors, builders etc . The bank still haven't told us whether they woud release the cheque if we want to go ahead anyway so the choice may not be ours to go ahead without that compliance cert, the bank are supposed to making the decision today.

 

[Sydney100]

It's not clear to me what the problem is though. Is the extension ( even at the, to me, very large area stated) actually exempt? Or is it something which did require planning and obtained it but didn't have an engineer supervise the building? Although to be honest in my opinion neither is insurmountable. If works have been inspected now as built and an engineer is prepared to say that they comply with pp ( if necessary) and building regulations ( with the usual caveat being that they cannot inspect works covered up and didnt inspect during building) and if the bank will agree the qualification then I wouldnt see a problem. Houses with this type of cert are bought and sold every day of the week.

architect drew up plans , planning permission all ok and built to that permission. They didn't get an engineer out to supervise/check on work therefore we do not have a cert to say building works were complied with. Yes my surveyor said they may be able to get an engineer out to sign off but not ideal in hindsight. Houses of this type were sold every day of the week during the property boom as people were desperate to buy anything and sod the consequences, it would seem thats changed banks don't release or give out money as easily as in the past.

 

[Vanilla]

architect drew up plans , planning permission all ok and built to that permission. They didn't get an engineer out to supervise/check on work therefore we do not have a cert to say building works were complied with. Yes my surveyor said they may be able to get an engineer out to sign off but not ideal in hindsight. Houses of this type were sold every day of the week during the property boom as people were desperate to buy anything and sod the consequences, it would seem thats changed banks don't release or give out money as easily as in the past.

I find this very strange. When was the extension built? Because if it was relatively recently the vendors solicitor would have advised the vendor that a cert of compliance should go out with the contracts and therefore the question of whether an engineer would sign off would now be answered.

 

[Sydney100]

one extension last year, the previous one 10 years ago. The estate agentr said she told him before the house went on the market he needed all these and he said he had them but now it seems he didn't.

 

[Sydney100]

Further update, just spoke to my solicitor and we now have a cert to say the building was checked by an Engineer but he states it was after the build but the bank have just got back to us to say they will release the money. our Solicitor says although not ideal the fact that the bank are releasing the money means when we go to sell the next bank should do the same based on the fact our bank gave it to us, so we're signing today after all that stress! Yay!!

 

[bacchus]

Glad to see a satisfactory conclusion..

Apparently in the boom gone by people cut corners with extension to save themselves a grand or two didn't get engineers to check work but banks turned a blind eye and so did people desperate to buy anything in the past market. Now it seems banks aren't accepting it anymore nor are buyers, things have changed...

our Solicitor says although not ideal the fact that the bank are releasing the money means when we go to sell the next bank should do the same based on the fact our bank gave it to us,

Based on your 2 above contributions, how can you be so sure that bank will accept tomorrow what they have just accepted today, and therefore that you will be able to sale without any problem?

 

[angela59]

Good luck Sydney100 with your house, I know it was a worry without the cert but the fact that it did eventually work out is great! Enjoy the house for many years to come, maybe you might never move out of it but you're right to look into the pros and cons - the day you buy is the day you sell. Great to hear good news.

Angela59