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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32253
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Bought a property a year ago witch has an extension with

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JA: Hi. How can I help?
Customer: Bought a property a year ago witch has an extension with planing permission and building control and noticed now that a structural bead is missing
JA: What are you located? It matters because laws vary by location.
Customer: Blackpool
JA: Has anything been filed or reported?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Cracks in walls..

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I'm sorry to read of the above. May I confirm if you retained a surveyor for either a homebuyers report or alternatively a full structural survey when you purchased the property please?

Customer: replied 13 days ago.
Mortgage advisor said only the basic survey from bank is ok. Because property was realy nice

thank you. The difficulty with a valuation survey is that it is carried out for the mortgage lenders benefit and not yours. That is not to say that you do not get to see a copy but the point is that you cannot rely upon its contents because it is not prepared for your benefit. In addition, a mortgage lender will have different priorities to you as they are only supplying a percentage of the purchase price. As such, depending upon the loan to value in question, a lender may not be terribly concerned about relatively minor or indeed not insignificant defects in the property providing the value of the property is more than sufficient to cover their loan.

Unfortunately, unless any specific enquiries were raised of the seller in respect of the condition of the wall which I suspect may be unlikely in the circumstances, unless you instructed a survey yourself, there may be limited scope for redress is against the seller. However, a claim may be available against your insurer depending upon the cause of the damage though if it is due to poor workmanship and wear and tear, the insurer may refuse liability

Customer: replied 13 days ago.
I specifically ask my conveyor that planning and building control should be 100% legal or I won't buy the house. I've ringed them and they've told me the person who worked for me is not working anymore for them and there's nothing they can do, they've done only the papers... Bathroom floor start shaking when someone is walking in bedroom next room.

unfortunately, planning and building control are quite separate to quality of workmanship or condition. It is quite possible for a property to be entirely compliant with planning and building control and still have defects. This could be for any number of reasons but to take one example, it may be that the work was compliance with building control or at least the building control officer believed to be as such, issued a building control certificate but the work may not have been a very good quality meaning that defects appeared in due course. In those circumstances, and I do not suggest that is what has happened here for you would need the report of a surveyor or structural engineer to ascertain what has happened precisely, the property would be compliant with building regulations and planning permission but would still have a problem.

Customer: replied 13 days ago.
basically where should I go now to fix my isue?

regrettably, it is not clear to me on the basis of what you say that there is necessarily a fix for the issue. The problem is the decision that was made not to instruct a surveyor to carry out a survey for you. Had this been done, there would be a claim available against the surveyor most likely for failing to identify the issue.

As that did not happen, you would need to check with your solicitor to see if any enquiries were raised as regards ***** ***** of the wall with the seller though I suspect this is unlikely in practice. Failing this, you may be able to make a claim against your buildings insurer but this will be dependent upon what the cause of the issue is. An insurer will generally not insure against wear and tear or existing poor workmanship

Customer: replied 13 days ago.
Ok.I'll look into my e-mails . Thank you

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

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