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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7663
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi, We are in the process of selling our Ground Floor apartment

Customer Question


We are in the process of selling our Ground Floor apartment (a block housing 2 apartment , ground floor and first floor). The first floor apartment has begun an loft conversion and this is in the process of being built. The survey of our apartment has highlighted the loft extension on the flat above and we are now being asked for the build control completion certificate of which has not yet been completed as the work is ongoing. We are now being told that the sale cannont proceed until the Build Control certificate on an apartment which is not being sold.

is this right

Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.

Are you purchase a property with the assistance of a mortgage?

Kind regards

Customer: replied 4 years ago.

We are selling are property, and the purchaser is buying our property with an assistance of a mortgage.

Expert:  Thomas replied 4 years ago.

Thanks for your question.

It is possible that this may hold up the sale. Obviously in order to proceed the buyer and the mortgage lender have to be sure that the property is structurally sound.

If the surveyor whoMm has carried out the mortgage valuation had said the structure of your property might the affected if the extension to the apartment is carried out in breach of building regulations then the lender may require that it is completed and a building regulations completion certificate. This is to ensure but your property will remain structurally safe and will therefore retain its value.

It is likely to be the result of the lender taking this position. However you can ask your solicitor to check by getting there solicitor to provide evidence with the position taken by the lender. They cannot pprovide evidence then you need to ask why they are not able to proceed.

I am sorry.

Kind regards
Expert:  Thomas replied 4 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.

Kind regards,