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At the 11th hour of exchange deadline I am asked for proof that the s106 has been obliged with
my house is a freehold residential nothing to do with housing association yet the chain collapsed because my first time buyer’s solicitor asked for this proof
the council says the proof takes 28 working days
two neighbours who sold recently say this wasn’t needed for their sales and the documents themselves were sufficient.
estate agent thinks it is a time buying tactic
can anyone advise with regards to why this is such a big deal and whether it is worth the cost of £120 from the council because if the document says they have or have not complied nothing I can do will change this anyway, the estate is only 6 years old and the roads are not yet adopted by the council but the document (s106) specifically states this wording and I am unsure but I am thinking the below means that owners of residential plots cannot be held responsible? Can anyone advise?
The provisions of this Deed shall not be binding upon any utility company or undertaker acting in its capacity as such or any individual occupiers of the Residential Units their mortgagees or receivers or the successors in title to such mortgagees or receiver or those deriving title from them provided that the council shall be entitled to enforce the provisions of this deed against any owner or occupier of any part of any open spaces play facilities and sports facilities
it seems to be some kind of letter from the council saying yes all conditions have been met or no they have not
has anyone else had experiences like this?
my house is a freehold residential nothing to do with housing association yet the chain collapsed because my first time buyer’s solicitor asked for this proof
the council says the proof takes 28 working days
two neighbours who sold recently say this wasn’t needed for their sales and the documents themselves were sufficient.
estate agent thinks it is a time buying tactic
can anyone advise with regards to why this is such a big deal and whether it is worth the cost of £120 from the council because if the document says they have or have not complied nothing I can do will change this anyway, the estate is only 6 years old and the roads are not yet adopted by the council but the document (s106) specifically states this wording and I am unsure but I am thinking the below means that owners of residential plots cannot be held responsible? Can anyone advise?
The provisions of this Deed shall not be binding upon any utility company or undertaker acting in its capacity as such or any individual occupiers of the Residential Units their mortgagees or receivers or the successors in title to such mortgagees or receiver or those deriving title from them provided that the council shall be entitled to enforce the provisions of this deed against any owner or occupier of any part of any open spaces play facilities and sports facilities
it seems to be some kind of letter from the council saying yes all conditions have been met or no they have not
has anyone else had experiences like this?