Probem found after purchase of repossessed house...
Probem found after purchase of repossessed house...
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Discussion

Baldy881

Original Poster:

1,418 posts

201 months

Monday 21st March 2011
quotequote all
In a nutshell...

Bought a repossessed house in August 2009. At the time of purchase there was no paperwork at all available for the house, which had at some point had a large conservatory and utility room built (last 6 years or so).

Recent problem with ours and neighbours drains meant a fair amount of investigative work was done which highlighted that the toilet/sink and washing machine waste from the utility are illegally connected to surface water drains.

About 3 months ago next door neighbour (who is 'involved' with previous owner of our spot) has brought round large box of paperwork relating to our house. This includes planning permission for said alterations that were done before she owned it.

Cost to correct drains is going to be a fairly substantial wedge, so, do we have any comeback on anyone involved with original dodgy works??

Should the council have checked all work and signed it off? Is it worth trying to ascertain the company that did the work and getting them to correct it? Or is it a case of tough st for us because we bought it pretty blind so to speak?

Thanks in advance PH,
Baldy smile




B17NNS

18,506 posts

271 months

Monday 21st March 2011
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The drain work should certainly have been inspected to ensure it meets building regs.

Whether or not it was is a different matter.

Any paperwork relating to building regulations? There should be a completion certificate if it was done by the book.

ShiggyBiggs

713 posts

198 months

Monday 21st March 2011
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I dont know because I dont own a house and never have, but could you not use your house insurance for that? Or would it not cover it?

Spudler

3,985 posts

220 months

Monday 21st March 2011
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Basicly you wont have a hope in hell with the company that carried out the works, the Council will come up with every excuse under the sun to slip out of it...which leaves your last option im affraid.
Shame so much time has past.

SplatSpeed

7,491 posts

275 months

Monday 21st March 2011
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are you sure the builder got payed and finished the job?

silverthorn2151

6,357 posts

203 months

Monday 21st March 2011
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You could spend a lot of time, and possibly lot of money persuading yourself that you are the victim and its someone elses fault.

I'm afraid you will get nowhere and it will be down to you.

Beardy10

25,090 posts

199 months

Monday 21st March 2011
quotequote all
You obviously used a st solicitor....at least it appears so. The planning permission and all related documents are a matter of public record so it should have come up when the solicitor was doing all the normal conveyancing checks before exchanging contracts. I don't think there is a council in the country where you can't check planning permission for specific property online within 5 minutes. At that stage you could also have checked with the council whether the work been signed off as building regs had been signed off by the council.

I am sure the terms and conditions for the solicitor mean you have no comeback and you certainly have no right to seek damages against the builder unless there was some kind of transferable guarantee which there won't have been.

I would also say when buying a repossession common sense says "buyer beware" almost by definition there will be things wrong as the house will almost definitely not have been maintained properly.

anonymous-user

78 months

Monday 21st March 2011
quotequote all
You had a survey prior to purchase i take it?

Was a full drains test not recommended?

Baldy881

Original Poster:

1,418 posts

201 months

Monday 21st March 2011
quotequote all
anonymous said:
[redacted]
I'm pretty sure we paid for some form of indemnity policy when we bought this house, the paperwork relating to it seems very vague though. I'll have to check through it again.

So how is the planning/inspection/sign off thing with a council supposed to to go then? I ask because my last house with the ex wife i had a garage built/kitchen extended and we had council inspections a number of times along the way. However, when it came to me moving out a good number of months after the job was finished it still hadn't been signed off. Ex wouldn't pay me off until sign off was done, quick call to inspector and he came out, checked relevant certificates/completion of work and then issued sign off certificate. Thing is, if i hadn't rung and asked, would the council have ever chased me for sign off?

I'm guessing that may have happened here as well rolleyes




davidjpowell

18,618 posts

208 months

Monday 21st March 2011
quotequote all
digimeistter said:
You had a survey prior to purchase i take it?

Was a full drains test not recommended?
A normal valuation would be unlikely to pick this up unless there were external indications of things amiss, not forgetting that most repossessed properties get their water system drained down.

Contrary to popular opinion, surveyors do not ask for reports on spec, but instead only when there is evidence of a potential problem.

wolf1

3,091 posts

274 months

Monday 21st March 2011
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I'm in my third reposessed property (bought not kicked out of biggrin ) and the way I've always looked at it is they cost me a lot less than the market value so I take any problems on the chin if they arrise.

How far from the utility is the correct sewer pipe? If it's not at the other end of the house and there's room to run a trench without the house being in the way I'd look at diverting the drains to the main sewer pipe and cap off the surface drain. It's not an impossible diy job if you do the research etc on what fall you need and what the pipe should be bed on etc.

Beardy10

25,090 posts

199 months

Monday 21st March 2011
quotequote all
Baldy881 said:
anonymous said:
[redacted]
I'm pretty sure we paid for some form of indemnity policy when we bought this house, the paperwork relating to it seems very vague though. I'll have to check through it again.

So how is the planning/inspection/sign off thing with a council supposed to to go then? I ask because my last house with the ex wife i had a garage built/kitchen extended and we had council inspections a number of times along the way. However, when it came to me moving out a good number of months after the job was finished it still hadn't been signed off. Ex wouldn't pay me off until sign off was done, quick call to inspector and he came out, checked relevant certificates/completion of work and then issued sign off certificate. Thing is, if i hadn't rung and asked, would the council have ever chased me for sign off?

I'm guessing that may have happened here as well rolleyes
My local council chased me.....the builder we used went bust right at the end of the job and the electric installation certificate went missing. Building Regs chased us on a couple of occasions so they could sign off. Obviously they inspect the work as it progresses.

Baldy881

Original Poster:

1,418 posts

201 months

Monday 21st March 2011
quotequote all
wolf1 said:
How far from the utility is the correct sewer pipe?
Oh its a fking nightmare, the sewerage main runs under the conservatory and the manhole is in the conservatory (yes we've had to chop floor tiles up in our conservatory to gain access to the IC - don't go there!!). The IC is like 6 foot deep!! At least two other neighbours st and piss run into our IC then from there it runs into mains that are about 15 foot deep with a manhole for that in next doors garden. It's a reet mess but we're having to tunnel into next doors newly landscaped garden to resolve our issues lol

On a plus, the policy I see we have seems to go by the name of a 'Lack of building regulation consent indemnity' policy, sounds like there could be mileage in pursuing it wink


Baldy881

Original Poster:

1,418 posts

201 months

Tuesday 22nd March 2011
quotequote all
Baldy881 said:
On a plus, the policy I see we have seems to go by the name of a 'Lack of building regulation consent indemnity' policy, sounds like there could be mileage in pursuing it wink
Hmmm, seems that the wording on this policy is a bit of a tricky one - so if a council bod turns up randomly to inspect the building work done prior to our purchase and highlights the drain issue and instructs us that we have to get it resolved then we have a rightful claim against the indemnity policy. However, if we (as occupants) find the issue (which we have) and resolve it then there's no cover.

So what would you do? 'Tip off' the authorities and ask them to come round, inspect the work and request to you that you need to get the remedial works done? In which case provided that it looks like they have turned up of their own accord and found the defect then we would be covered?!

If on the other hand we ask a building inspector to come round and sign off the works that were never signed off, and they note the illegal drain and request it be rectified, then we are liable because it is us who have notified the council.

Sounds a bit of a skank to me!