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uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden.

Building Reg



 
 
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  #11  
Old July 31st 08, 12:00 PM posted to uk.legal.moderated
Roland Perry
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Posts: 1,711
Default Building Reg

In message , at
09:20:12 on Thu, 31 Jul 2008, Chris R remarked:
If the buyer's solicitor's search show the absence of a certificate,


In my experience that's not something that the "search" is looking for.

You ask the vendor some questions like "did you have BC-notifiable work
done", "please supply copies of the BC Certificate", "when was the
boiler last serviced", etc.

If the vendor replies "don't know", "can't find any" and "I've
forgotten", what next, in practical terms?

surely he will report that to the mortgage company?


Unlikely (in any of the three items above, I'd have thought).

I bought a house where the BC Certificate for some works was "missing".
It turned out after *I* had enquired with the council, that the vendor
had never had the final inspection done. But this didn't adversely
affect my purchase, or subsequent sale, of the house.

I would be nervous about buying a property without a certificate for
significant works because of the potential effect on resale/remortgage
prospects, and I certainly insisted on one for my own extension works
for the same reason.


If you are having work done, it's always a good idea to keep the
paperwork.
--
Roland Perry

  #12  
Old July 31st 08, 03:05 PM posted to uk.legal.moderated
Big Les Wade[_2_]
external usenet poster
 
Posts: 587
Default Building Reg

Roland Perry posted
In message , at
09:20:12 on Thu, 31 Jul 2008, Chris R remarked:
If the buyer's solicitor's search show the absence of a certificate,


In my experience that's not something that the "search" is looking for.
You ask the vendor some questions like "did you have BC-notifiable work
done", "please supply copies of the BC Certificate",
"when was the boiler last serviced", etc.
If the vendor replies "don't know", "can't find any" and "I've
forgotten", what next, in practical terms?


A "difficult" purchaser's-solicitor might then make a big deal of it,
either writing follow-up enquiries, or requesting an indemnity from the
vendor, or even advising his client not to proceed. But solicitors vary.
Many will just write a routine letter to their client saying, "The house
has a garage that doesn't seem to have BR approval, so be aware of that
if you choose to go ahead with the purchase."

surely he will report that to the mortgage company?


Unlikely (in any of the three items above, I'd have thought).


It's possible; in fact, sometimes the purchaser's solicitor and the
purchaser's lender's solicitor are the same person. But I don't think
lenders really encourage their solicitors to fuss about missing BR
approvals. It's not profitable.

I bought a house where the BC Certificate for some works was "missing".
It turned out after *I* had enquired with the council, that the vendor
had never had the final inspection done. But this didn't adversely
affect my purchase, or subsequent sale, of the house.


No, it wouldn't normally, but in exceptional cases it might. Not because
it makes the house less useful, but because it might make somebody
*think* the house is less useful. Or that it might make somebody think
that somebody *else* might think the house is less useful. And so ad
infinitum, to the great enrichment of the legal profession.


I would be nervous about buying a property without a certificate for
significant works because of the potential effect on resale/remortgage
prospects, and I certainly insisted on one for my own extension works
for the same reason.


If you are having work done, it's always a good idea to keep the
paperwork.


Yes. Mind you it can get out of hand when you've lived in a place for
many years. It's like doing your tax return - there's always one stupid
little bit of paper you can't find when the time comes.

--
Les
"God will save her, fear you not, be you the men you've been.
Get you the sons your fathers got and God will save the Queen."

 




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