When acting on a purchase there are some questions that are not classed as legal questions and your solicitor will be unable to answer. As a result, you must use your own investigations i.e. by Home Buyer Survey or searches to resolve or speak further with the seller or the estate agent. You must rely on your investigations and remember “buyer beware”.
Examples of common enquiries:
Defects of the property, state condition, maintenance\repair – You will need to obtain home buyer survey and searches. If survey reveals matters that need resolving, speak to the estate agent and seller. Ask the seller to obtain quotations for the works that have been mentioned. If price needs is changed inform your solicitor to amend purchase price and your broker\lender to update your mortgage offer renegotiate costs
Planning permissions\building regulations – It is inappropriate to ask for consent or indemnity policy for planning permission if the matter is out of the enforcement period
Enforcement periods
4 years for standard planning (extensions) works prior 25.4.24
10 years for standard planning (extensions) works after 25.4.24
10 years for planning change of use
10 years for building regulations (unless risk to life) works after October 2023
1 year for building regulations (unless risk to life) for works before October 2023
20 years for breach covenant
Old planning permissions and building regulations – Planning over 10 years old need not be required. The Seller is only obliged to provide documentation from work during their ownership. Many sellers do not have information about works done by previous owners. If building regulations are revealed on local search further evidence is not required.
Original certificates – If FENSA, electric certificates, boiler certificates revealed on your local search – no need to ask for duplicates
Boundaries at the property – The seller does not need to prove the exact boundaries or who owns fences, walls at the property. The deeds may reveal who is responsible for the boundaries. Your solicitorwill send you a title plan so you can check there are no obvious “on the ground discrepancies” between the red edging on the title plan and the area being sold.
Guarantees – It is quite rare that guarantees will pass to future owners speak to the seller direct or ask the estate agent
Fixture and fittings – Check the list provided by the seller. If the items are referred to in the estate agent particulars unless it is stated otherwise, they are deemed to be included in the sale – any queries speak to the estate agent or seller. If you agree to pay the seller for furniture items, let your solicitor know so a list and value can be added to the contract.
Alarm codes, manual keys – It is your responsibility to check the alarm works. Speak to the seller or estate agent about the manual, codes and keys.
Boiler, gas, electric services – It is not a legal requirement for the seller to provide an up-to-dae boiler, gas electric service. There is no obligation on seller to pay or arrange for this. We would advise you to carry out a service at own expense to check the boiler, gas, electric is in working order. Most people have their boiler serviced each year although this is not a compulsory requirement. If evidence not provided, we would advise you to have it serviced yourself. Speak to the estate agent to make arrangements
Building regulations for electrics and boiler installation – If there are no building regulations revealed on your search approach the seller via the estate agent
Property built over sewer – If this revealed on your drainage search we would advise you to view the property again. Speak to estate agent to establish the position of buildings and extensions. Check the age of the works. Build over agreements began in 2011. Prior to that it was building regulations which started in 1980s
Energy Performance Certificate – If the seller has not provided EPC or it has expired, ask the estate agent to update it.
Listed building consents and Tree Preservation orders – these are available on line
Reconnection services – If the property has been repossessed or a probate sale it is not uncommon for the services to be disconnected. Please speak to the estate agent to make your own checks. You will need to factor in arranging reconnection cost.
By Sheila Biskup
