Planning/Building Regulations Advice

[^woody^]

There will be a mechanism to get the regularisation once you are the owner.

An existing application can't be regularised.

 

[mrrusty]

An existing application can't be regularised.

Hmm - there must be a mechanism for a part built planning approved project on a building notice, that is subsequently bought and sold part way through to be formally assessed - what would it be? It sounds like the inspections on the notice haven't been requested. It also sounds like part of the build is complete and the other part not started, which may never be started, and the property might change ownership in this state. What would the mechanism be to get the existing build certified by the new owner?

 

[freddiemercurystwin]

Firstly the owner will have somethinig in writing from building control to say an application has been lodged if only a receipt of payment. So that should be forthcoming at the very minimum and your stupid solicitor should have asked for that at the beginning. Then as mentioned it's high time to ring Building Control yourself, explain the situation, whilst they may not divulge any actual information about your property (it's a contract between the homeowner and building control afterall) they will at least confirm there should have been a few inspections, that will then at least give you the ammo/some definitive knowledge to move forward. Your solicitor is **** but IME they all are.

 

[johnny2007]

As long as BC has passed the due inspection stages, there is no problem whatsoever changing name on the application following a house sale.
Sack your solicitor and go to a real local conveyancing solicitor where you will find someone to talk in person who actually understands conveyancing.
A few hundred more expensive but surely well spent.

 

[^woody^]

Hmm - there must be a mechanism for a part built planning approved project on a building notice, that is subsequently bought and sold part way through to be formally assessed - what would it be? It sounds like the inspections on the notice haven't been requested. It also sounds like part of the build is complete and the other part not started, which may never be started, and the property might change ownership in this state. What would the mechanism be to get the existing build certified by the new owner?

If there is a current application, with ongoing work, then the inspection regime for that work would normally be continued to completion. Regularisation is to inspect completed work, so if the work needs to be completed first then it just follows the inspection process of tbe application.

In cases such as this one, the extent of the work in the application would be reduced to just the ground floor extension, and that given a final inspection to certify it, and the application closed. If there were part finished works to the first floor or loft or whatever, these would need to be inspected too and declared safe. In some cases, some deconversion would be required to prevent part complete works being completed and occupied surreptitiously

 

[jj4091]

When we built our bungalow 30 odd years ago, as woody says, it was inspected by building control at each stage & a certificate ( green card ) issued . A certificate of habitation was issued on completion.I am not aware that regs have changed but they might have.Does the seller or his builder have those certs.
Obviously your situation is different as it appears to be a 2 phase project with only the first part completed. Is it possible to ask the council for the loft conversion to be removed & resubmitted at a later date. The problem with that is that your foundations would have to be re-inspected as part of the new application but at least you would not need new plans as long as the seller provides you with the existing ones.

 

[Jack Baker]

Hi all.

Thanks for your responses.
As expected our lender has confirmed that they will not lend against the property without building regulations approval.

I’m closed to boiling point with how we could have got to this point without any of these checks being done.

Obviously this is completely out of my hands now, but can anyone give me any advice that I can share with the seller as to what they can do in order to obtain the documents they require in order to sell their house.

They just seem to be saying “oh we don’t have that” or “we were told this” without actually investigating this issue themselves.

Again I appreciate any input.

 

[freddiemercurystwin]

Have you done this yet?

Then as mentioned it's high time to ring Building Control yourself, explain the situation, whilst they may not divulge any actual information about your property (it's a contract between the homeowner and building control afterall) they will at least confirm there should have been a few inspections, that will then at least give you the ammo/some definitive knowledge to move forward.

In anycase you'll not get a completion certificate by the sounds of it so you'll have to find another lender who will lend on the property or walk away.

 

[mrrusty]

With no inspections carried, out I agree it's going to be a challenge. Sellers problem, but sounds like you will need a different lender.

 

[cdbe]

Sounds like a problem for the sellers to take ownership of and resolve, or it'll end up at auction/cash buyers at considerable detriment to them.

 

[Jack Baker]

Our solicitor has gone back to theirs basically stating without the required documentation we nor anyone will be able to purchase the property unless they are a cash buyer. So therefore it would be in their interest to obtain (somehow) the documentation they require in order to sell their house. I can’t quite believe this is happening.

 

[mrrusty]

without the required documentation we nor anyone will be able to purchase the property unless they are a cash buyer

This is not true. There are umpteen property development and refurbishment mortgage/finance products out there. The fact that the property is maybe not mortgageable on a traditional product does not mean it is not mortgageable with an alternative.

However, it is the sellers problem - they are either going to have to fix the problem of uncertified/incomplete development or accept a big discount to allow someone to sort out the mess and get it certified.

 

[Jack Baker]

This is not true. There are umpteen property development and refurbishment mortgage/finance products out there. The fact that the property is maybe not mortgageable on a traditional product does not mean it is not mortgageable with an alternative.

However, it is the sellers problem - they are either going to have to fix the problem of uncertified/incomplete development or accept a big discount to allow someone to sort out the mess and get it certified.

Yes true.

Would you have any idea what would be required in order to get the certification our lender would require? Also an approx cost and time frame associated?

 

[^woody^]

The answers are earlier in this thread.

 

[mrrusty]

The answers are earlier in this thread.

As @^woody^ says.

I think you are either going to have to accept this cannot be a straightforward mortgage and conveyance, and get stuck in working out how you can manipulate the situation to get a result, or walk away.