Solicitor says accurate plans must be signed off before exchange?

[Happy99]

Hi.

I'm in the process of buying a house. There is a short chain and it will be paid for by selling my current home, so no mortgage is involved. The house is currently empty and the vendors (who recently extended and redeveloped it) are keen for the sale to go through so they can get their money.

We were getting to the point of exchanging contracts, when my solicitor asked me to visit the house a final time and confirm that it was secure and that the boundaries and layout all matched the supplied documentation. This was when I noticed that the actual layout of the property differs slightly from the plans that were submitted for the work they did. In short the door to a room has been moved to a different internal wall (which makes more sense than the original plan) and a toilet and sink have been relocated to the other end of a room.

The position from the vendors and estate agent is that this is all fine because the work was signed off by Building Control.

However, my solicitor is insisting that we need an accurate set of plans for the house to be provided and signed. He has asked the vendor's solicitor for this and I understand they have stuck with the response that the work is compliant with Building Regulations and was signed off by Building Control and so nothing further is required.

For what it's worth the floorplan created by the estate agent for the property brochure shows the actual layout and not that of the plans that were submitted for the building work.

So who is right? Do I need an accurate plan for the property to be provided and signed before we can exchange contracts? Or is my solicitor making a mountain out of a molehill and can we rely on the fact that Building Control has signed off the work?

My understanding is that a standard indemnity policy is being taken out as part of the selling process. Would that cover me if an issue (however unlikely) subsequently comes to light due to actual layout of the house differing slightly to the approved plans for the extension and renovation?

Cheers!

[atticus]

Discuss this with your solicitor asking questions such as "why is this necessary?" and "what if I go ahead without it?". Ultimately this is your decision: make sure you take it having obtained full advice. Remember that unlike us on this forum, your solicitor owes you legal duties and is insured.

[Happy99]

I have attempted to resolve this with my solicitor, but to be honest his communications aren't the best and he keeps repeating that both seller and buyer have to confirm the accuracy of the plan. I think this may be in part down to the process the solicitor uses, as they require me to sign off a property report that seems to have been auto generated (and includes all the property related documents) before exchanging contracts. He also suggested that I should consult a property lawyer, but that feels as though he is passing the buck. Plus doing so will undoubtedly cost more money and take more time. Hence why I posted here for a sense check :-)

Likewise when asked whether the proposed indemnity policy will insure me against any future issues relating to the planning discrepancy, his response is that this is out of his jurisdiction and I need to read the policy wording/statement of facts and take independent advice. It feels as though I am expecting him (as my conveyancing solicitor) to provide me with legal advice about the house purchase, but he wants to avoid committing himself.

[atticus]

Ask those questions. Request clear answers.

[Happy99]

OK I will try again, but I suspect he is just going to repeat his position and tell me to seek independent legal advice. Which I find odd, as I thought I was paying him for legal advice in this matter.

I did think about asking the local planning department for input, but if I understand the terms of the indemnity insurance policy correctly, my contacting the authorities about a potential issue could invalidate the cover.

[atticus]

OK I will try again, but I suspect he is just going to repeat his position and tell me to seek independent legal advice. Which I find odd, as I thought I was paying him for legal advice in this matter.

Exactly. What are you paying this solicitor for? Did you select based on price?

[Happy99]

I picked the solicitor through the combination of a web search and a personal suggestion from someone (although I don't think they had actually used this company for conveyancing). The property I'm buying was vacant and looked in good condition and I am selling to a cash buyer, so it seemed that the process should be fairly straightforward. To be honest my solicitor has not impressed at any stage, but this is now holding up the exchange and putting the chain at risk.

Hence why I'm hoping for a second opinion as to whether it matters that the work done to a house deviates slightly from the planning application, if that works was all signed off by Building Control? I would assume this situation can't be that unusual.