Property advice

[Miss Nancy]

Hi Any help and advice greatly needed.
I have just moved house and have come across numerous problems in 3 weeks! To try and cut it all short we have bought a house,only having had the mortgage survey, here is a list of my problems:

Integral 'Garage' is actually not brick and has a tiled roof resting on a fence (the inside walls were boarded and garage so full of tools that the outside wall Couldn't be seen when we viewed,was also told by the seller that you could build on top of the garage depending on the footings!) the fence is also running along side a public pathway. Forgot to mention that the house was advertised as having an integral garage.

Mortgage survey ticked garage and priced the house at what we paid for it, also ticked structural movement but didn't fill in the part to elaborate on it.

The house was advertised as 3 double bedrooms - but one is a loft conversion.

The seller had the boiler serviced in October but from the day we moved in it has been leaking and we have had it looked at 3 times.

There are no smoke alarms in the house (I have since been told it is illegal to sell a house without them) should my solicitor of checked this?

The seller listed the loft conversion as the only building work done on the house, but there is numerous other changes as I have seen pictures from when they bought the house and there is 2 internal walls that have been removed, conservatory internal doors removed, a so called utility room added Inside the 'garage' which is made out of single brick and stud wall, and a stud chimney Breast in a bedroom(how could they of forgot about all that work?) shouldn't they of listed everything? Is this classed as them lying or hiding things??


There's probably other things that I have missed but this is a start, please help with any comments with regards to our solicitor or the estate agent or seller as to anything that can be done.

I know now that we should've had a full survey but this is only my second house purchase, my first being a new build and I didn't have to have any survey. I trusted my solicitor to advise me on everything.

Where can I start?
The 'garage' has to be taken down as it is not safe, a builder has told us this.
If we was to replace the fence with bricks we wouldn't get the garage door back on,therefore it wouldn't be a garage.

[seduraed]

Re: Property advice

Did you have a full structural survey or a mortgage survey? These are quite different things , The mortgage survey is for the Mortgage Company to check if there is enough equity in the property. A full structural survey looks at all the issues alterations etc.
Regarding the the boiler is do you have gas certificate and an electrical certificate ? They should have been included. If something goes like documents.ents not being signed off , or building consent not achieved you may have a case against the conveyancing solicitor.

[Miss Nancy]

Re: Property advice

Hi thank you for your response - unfortunately we didn't have a full structural survey.
There is a service for the boiler from October and an electric report (didn't get to see these till 2 days ago when the secretary sent them me out)

[Rhothgar]

Re: Property advice

This OP's husband is known to me. I advised them to take some advice here because the situation is a can of worms.

The 'garage' and loft conversion do not have planning or building control consent.

The solicitor advised them to force the seller to pay for a Planning Permission Indemnity Policy which as far as I can see is not worth the paper it is written on.

It precludes them from talking to anyone about the property or the property will be voided.

As it happens, the Planning Authority will not take enforcement action nor will Building Control.

As far as Planning Permission is concerned, both extensions may come under 'deemed consent'. Having said that, there is a conservatory on the rear for which Planning Permission was obtained.

I have yet to see the property in person. As an architect, who hasn't practiced for 8 years, I have to be cautious about giving advice on a professional level as I no longer carry professional indemnity insurance.

From Google Streetview, the right hand pier supporting the lintel over the garage door appears to be a concrete fence post. The former owner was allegedly a builder.

Knowing what I know of builders of this ilk, I would bet my bottom dollar that this is not properly tied together. As it is it would never comply with Building Regulations as the side wall is a wooden fence and cannot have the required fire resistance unless it was firelined with the appropriate plasterboard.

The return width of the concrete support post is neither sufficient for building control purposes either.

It looks shambolic.

Their main concern is that the seller appears to have pulled the wool over their eyes during their viewing when they asked about extending above the garage.

The mortgage valuation whilst only for the bank does indeed state there is structural movement but makes no mention of whether it is previous, present or ongoing and makes no mention of its position and neither does it recommend a structural survey to be undertaken.

I spoke with their solicitor who said that he was not really sure what the indemnity policy covered but said that this is what they recommend when no planning permission has been obtained.

The question is where does this leave them with respect to building control.

They can regularise the work by applying retrospectively but the remedial works that may be needed could be expensive and they would like to know if anyone is culpable.

To my mind, the surveyor has questions to answer. I think the bank may have something to say about that but then again maybe the bank doesn't care. Their investment is protected.

Whilst the question of caveat emptor arises, the professionals are there to guide and advise a potential purchaser on any potential pitfalls.

The surveyor should have recommended a full structural survey or a home buyer's report if he felt there was something to worry about.

As it is, he appears to have failed in his duty by not expanding on the location and additional information required in the form. Someone at the bank should also have perhaps picked up on this. Sloppy to say the least!

I am trying to guide them through this but I have no idea what their legal rights are in relation to who should pay to remedy the situation.

Any learned advice would be gratefully appreciated.

[wales01man]

Re: Property advice

what a mess ! Time for a new Solicitor to check this out regards lender surveyor and Solicitor to check wording of contracts Etc. problem will be wording of these/