28 Feb 2016

A question about : Documents when buying

Does the buyer see any documents.

We have just purchased a house that has a double extension. Apparently it got planning permission and has been signed off from building control. However we have not seen any proof.

The sellers also took out an indemnity insurance as the extension was on a covenant restriction list. Again we have seen nothing so if needed to how would we claim?
On the fixtures and fittings list they say they have enclosed cavity wall guarantee but again we have not seen any evidence.

Thanks

Best answers:

  • When you say you've just purchased, have you actually completed or are you going through the process?
    I would expect your solicitor to have seen all the supporting documents, which they would then pass on to you, giving you sight of them before exchange of contracts, then posting off to you to keep following completion.
  • We moved in a month ago and expected some documents in the post.
    No we didn't do it ourselves.
    Not clued up on the legal jargon so went to solicitor.
    Had faith in them and had no reason to question them as I never knew what's what. I take it I should of received these then? Anything I can do now. Letter to solicitor etc etc.
  • Just call your solicitor and ask them, this is what you have paid them for.
  • Nothing apart from the final invoice of costs.
    During the process we received the fixtures and fitting list, and questionnaire on any work completed, boundaries, utilities supplier etc.
    We also received a letter from the water searches outline a nearby sewer drain.
    Upon signing contracts we looked at the energy performance certificate.
    Here the solicitor explained the extensions had been signed off with planning permission, and that the sellers had agreed to an indemnity insurance as they had not had permission for the extension from the house builders. (covenant restriction).
    Completed 18th December, following week after signing contract. In the post after Christmas we received a final invoice/statement of all the costs.
  • Just rang solicitor. They say it maybe because of a back log with documents coming back from the land registry, and will chase this up.
    Viable excuse?
  • It is possible the Land Registry does have a backlog but that's mainly with new first registration and transfer of part.
  • We received a comprehensive report from our solicitor which included things like searches, details of utilities. We received this BEFORE we exchanged and frankly I don't see how we could have given the go ahead if we had not received it.
  • Your council will have a record of all Planning Applications (not Land Registry) so you can call the council and ask for copies of the Completion Certificates (which is what your conveyancer should have done). With many councils it's also possible to go online and look at Applications and Approvals via their web site by entering your postcode/street address.
    But your solicitor shoud have verified all of this before Exchange.
  • OK. So what exactly do you receive once house registered etc.
    I have just received a Title information form and Office copy entries.
    According to the fixtures and fitting list our sellers enclosed a couple of guarantee documents. They also took out an indemnity insurance.
    Should we now have the guarantees back and should we have details of indemnity if for any chance we need to claim, or will this go to the mortgage provider.
    Thanks
  • You should receive it all.
    Make a list of all these things and write (yes, pen and paper) to your solicitor asking for the originals.
    As advised above, you can always get the PP and Building Regs from the council.
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