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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10122
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Help. It is 5 months since we made an offer on the property

Resolved Question:

Help. It is 5 months since we made an offer on the property we are purchasing and its been difficult every step of the way. We are on the process of moving into a rental as our buyers could mot wait any longer.

The vendors are divorcing so that makes things difficult enough. But the property has had a 3 storey extension and some modification inside.

We have been told that our solicitor is being over zealous and the vendors estate agent has said 'she hasn't got a clue'!!!
The major hold up has been in relation to getting the building works signed off by the council. A council building inspector went out last week and signed off the work.

However, our solicitor says this is only on relation to the extension and not the internal works and needs to see the plans/ certificates for internal works.

The vendor and estate agent are saying they are not needed - and they don't have them anyway.

Our solicitor says she will mot release mortgage funds without this information.

I'm stick in the middle. Who is right!!!!??

The vendors estate agent has threatened that they will get another buyer. We have waited so long for them I'm extremely angry at this threat and do actually feel like walking away.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

So that I am clear, could you please confirm that the Council have granted a Building Regulations completion certificate (or if it is retrospective consent it will be called a "regularisation certificate") for the 3 storey extension?

As regards XXXXX XXXXX works, is this relating to other works carries out elsewhere in the property or does it relate to the extension? If it is a different set of works, when was this work carried out and were any load bearing walls removed?

I look forward to hearing from you.

Kind Regards
Customer: replied 2 years ago.


Yes, the council granted retrospective completion certificate for the extension and electrics.


Most of the works are in relation to the extension, to open the house into it etc. However, I believe a doorway has been widened (but not removed) to create a through lounge, a chimney breast has been removed and a gas meter removed to make way for the extension.


The vendors estate agent and solicitor are saying that they do not have to present anything for these works. Our solicitor will not release funds without certification for them.The estate agent is now threatening that they will

"just get another buyer' if I don't 'sort my solicitor out'. However, we feel she is obviously acting in our best interest -but we feel is is stale mate and we are caught in the middle mot knowing who to believe.

Expert:  Aston Lawyer replied 2 years ago.

Hi Heather,

Thanks for your reply.

If indeed all the works relate to the extension for which the regularisation certificate was obtained, then your Solicitor does NOT need anything else, full stop.

However, if some of this other work was not covered by the regularisation certificate, your Solicitor is correct in that she should be asking for the building regulations approval for this work (such approval should have been obtained for the removal of the chimney breast).
Your Solicitor not only acts for you but also your Lender, so if this documentation is not to hand, she will need to disclose this fact to your Lender, as well as of course advising you on the implications. Most Lenders will accept the position where no Building Regulations was obtained, provided this work was carried out over 12 months ago, and a Building Regulations indemnity policy is obtained (this policy acts as an insurance for you so that if the Council take enforcement action, you are covered. It does NOT cover you for faulty workmanship, however).
If the internal works were not therefore covered by the regularisation certificate, then provided you are happy with the situation, then your Solicitor should inform your Lender, who no doubt will consent, provided a policy is arranged (likely to cost £50-£100 depending on the value of the property, and which cost is normally met by the Seller).
I would suggest you perhaps speak to your Seller to clarify whether these works were included in the regularisation certificate and get them to write to your Solicitor to confirm.

I hope this helps, but please let me know if you require any further clarification.

Kind Regards
Customer: replied 2 years ago.

Thank you very much. The issue we now have is that our solicitor says that because the council have been involved it is mot that straightforward to get an indemnity policy.


The vendor is being uncooperative I'm relation to the queries on this, which worries us. The estate agent is also very combative on the subject.


They are saying that if we want the plans we will have to go to the council ourselves. But we can't afford to pay a full day rate for our solicitor to visit (Leeds to Sheffield) or for me to go down as we are on process of moving, I work and have 2 you children.

it is becomi g incredibly stressful and we are thinking of walking away but after waiting so long we feel we are so near, yet so far!?

Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Firstly, don't listen to what the Agents are saying- they are only after their commission.

You must be guided by your Solicitor, but provided no approach has been made to the Council concerning these other works, then an indemnity policy is still an option.

I appreciate you have been trying to move now for 5 months, but if the indemnity policy is not an option, then you really need to ask the Sellers to obtain a further retrospective certificate for these works or walk away. A delay in getting this is worth the wait you have already had and is the only way you know 10o% that the property is fine and you will have no problems in selling the property, which is more important than rushing things now, only to find you have potential problems in the future on any re-sale.

I hope this helps.

Kind Regards
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10122
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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