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Old 22-09-2010, 11:15 AM
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Join Date: Sep 2010
Posts: 6
Exclamation Missing building regulations approval

Hi guys,

I am looking for some urgent advice and hope you can help me. We are FTBs in the process of buying a house where a conservatory has been built about 3 years ago and a parking bay has been added. The seller claims that no planning permission was necessary, which is verified by current legislation. However during the searches, 2 things became apparent

- as there is no door separating the conservatory from the house, the conservatory is subject to BR - seller claims an inspector has advised them this was not necessary but has no proof of it. we have contacted the local authority on the matter and they claim they never heard from seller... Because we contacted the local authorities, our solicitor claims we will not be able to get indemnity insurance

- secondly, there were restrictive covenants in place which appear to have been breached by the erection of the conservatory
- there was a planning permission granting the creation of the parking bay off street, however it stressed an additional licence was needed for the dropped kerb. The kerb was built without the licence despite the restriction.

The seller is reluctant to offer any remedy and threatens to pull out. We are being advised by our solicitor that we cannot purchase the house as is, because our lender will request indemnity insurance.

What are our options? We have spent a lot of money on the survey, fees and searches and we are keen to complete albeit held to ransom this way. We would like them to at least install the external door to the conservatory to give us one less headache...Our solicitor has stressed that with the current situation they will not be able to sell the property at all unless remedial work is done.

thanks in advance!

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