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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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Selling a house with a garage extension which was built, with

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Selling a house with a garage extension which was built, with Planning Permission and in line with Building Regulations standards in 1995. Unfortunately, through oversight, the final certificate (Building Completion Certificate) was never issued (although the Buildings Control Officer reportedly visited the site frequently during building to check progress). I now need this in order to sell. What is the best approach? My buyer is not currently willing to take an indemnity policy as cover. The buyer had a comprehensive structural survey done in March which was - so far as I am aware - fine. I have full Gas and Electrical safety/efficiency certificates. The garage has stood fir 19 years with no structural problems nor any serious damp issues. I cannot go to the Council to regularise until I have exhausted the indemnity route. However, if I do approach the Council should they at least have records of part-inspections to support a successful regularisation?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitotr with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Did you carry out the works or was it a previous owner? The council should have records of the visits and inspections but it was a long time ago now so they may not. Does your buyer want to buy or is your feeling that thet are stalling?

Customer: Works were undertaken by previous owner. My current feeling is that the buyer still wants to proceed but is being advised by a very cautious solicitor. I can offer full NICEIC and GASAFE electrical & gas certification; I can offer
Customer: To continue... I can point to the fact that the building has stood with no problem whatsoever for 19 years; I can offer indemnity insurance. Ultimately I can go back to the council Buildings a Control and ask fir regularisation which may take a long time...
LondonlawyerJ :

Thankyou for that I am busy for most of this morning but will answer you later today.

Customer: Many thanks
LondonlawyerJ :

Ok. It does sound like you have got timid buyers, or buyers with timid advisers. I assume that your solicitor is advising you that there is no reason for them not to buy the property and the suggestion of offering an indemnity probably came from your legal advisers. If their mortgage lender was reluctant to go ahead in these circumstances it might be reasonable to prevaricate but as you have not said that this is the problem I assume it is not. Until contracts are exchanged there is no special legal relationship between you an them and you can not compel them to do anything, only negotiate. You will need to decide whether you want to jump through hoops or not, and who knows what they would be worried about next. If you have taken the property off the market it may be time to remind your buyers that this is a seller's market and that you can talk to other possible buyers any time you want to. This is really your only way to force them to make a decision.

Customer: Thanks - I'll take that advice into account.
LondonlawyerJ, Advocate
Category: Law
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Experience: Solicitor with over 15 years experience.
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