Seller has "Lost" local council sign off

[Dan_M5]

So the seller has misplaced a the sign off from the council regarding material sign off for the house we are buying.

It is a condition in the planning that stipulates the material needs to signed off before building. He has lost this document and my solicitor is having a fit about it.

It was built Dec 07, his solicitors are stating its not needed because its over 4years where as mine is stating we need it.

Pain in the ass! Should we just get insurance to cover it or ask the council for a copy thats even if they did sign it off!

[anonymous-user]

If he got sign off, then surely he won't mind asking the council for a copy.....

[Dan_M5]

Inkyfingers said:

If he got sign off, then surely he won't mind asking the council for a copy.....

Thats the issue i have I'm not sure he actually did..

[anonymous-user]

Then call his bluff.

Ask him to get a copy, if they come clean then you either get him to seek retrospective permission (if you have time) or ask him to pay for for an indemnity.

Meanwhile, you wonder what else he's lied about.

[bobtail4x4]

a copy can be emailed to you the same day,

[CubanPete]

As it was 10 years ago the requirement / indemnity is to satisfy the mortgage company rather than any risk to the buyer.

[Equus]

CubanPete said:

As it was 10 years ago the requirement / indemnity is to satisfy the mortgage company rather than any risk to the buyer.

This totally. The Local Authority wouldn't be able to take any enforcement action after that period of time, anyway: as the vendors solicitors are correctly stating, the time limitation for this sort of thing is 4 years.

Tell your solicitor to belt up and grow some common sense.

[Gareth1974]

I think if you contact the council, the seller will be unable to obtain indemnity insurance, so be careful before you do this.

[Dan_M5]

CubanPete said:

As it was 10 years ago the requirement / indemnity is to satisfy the mortgage company rather than any risk to the buyer.

10 years this December

[Dan_M5]

Gareth1974 said:

I think if you contact the council, the seller will be unable to obtain indemnity insurance, so be careful before you do this.

Yea this has been said by a friend already. So call his bluff and contact the council and get it or get him to buy insurance thats going to be the struggle as his solicitors state is null and void as its over 4years where as mine is saying because it was a condition on the planning


No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

[CubanPete]

Dan_M5 said:

10 years this December

I think they only have 12 months to action it, you will have to check this though.

[Gareth1974]

Dan_M5 said:

Gareth1974 said:

I think if you contact the council, the seller will be unable to obtain indemnity insurance, so be careful before you do this.

Yea this has been said by a friend already. So call his bluff and contact the council and get it or get him to buy insurance thats going to be the struggle as his solicitors state is null and void as its over 4years where as mine is saying because it was a condition on the planning


No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Isn't the calling bluff approach risky? If the council are contacted and there was no sign off, then insurance won't be available, and would that mean that getting a mortgage would be difficult?

[C Lee Farquar]

Our local Council, Cherwell, have this information on line for individual properties.

As has been pointed out taking an indemnity is insuring against something that can't happen, but if your Solicitor feels he needs to tick the box for the lending source I doubt you'll change his mind.

[robwilk]

Has the house build been signed off? This would surely overide the need for the acceptance of the materials, ie if it was the wrong bricks / tiles etc it would not have been finally signed off. just a thought.

[Dan_M5]

robwilk said:

Has the house build been signed off? This would surely overide the need for the acceptance of the materials, ie if it was the wrong bricks / tiles etc it would not have been finally signed off. just a thought.

Was signed off etc.

Ive just bought insurance for it. As the sellers solicitors don't think its needed and can't be bothered making it longer by getting the sellers to buy the insurance. So for a tick in the box its made me £200 lighter oh well.

[Rude-boy]

10 years is the time for the council to enforce breach of a planning condition.

Indemnity insurance will solve the legal issue.

[TA14]

robwilk said:

Has the house build been signed off? This would surely overide the need for the acceptance of the materials, ie if it was the wrong bricks / tiles etc it would not have been finally signed off. just a thought.

Build sign off is building regs. Materials sign off is planning condition. Different things. Does seem to be a storm in a tea cup.

[AC43]

TA14 said:

robwilk said:

Does seem to be a storm in a tea cup.

Lawyers acting for lenders have suddenly started going off the deep end on this.

Don't know why. Indemnity insurance sorts in immediately.

[Dan_M5]

AC43 said:

Lawyers acting for lenders have suddenly started going off the deep end on this.

Don't know why. Indemnity insurance sorts in immediately.

They make money on it, because as a normal person you can't go and get this insurance

[Buzz84]

If it is a planning sign off then it should be filed with all the planning documents and be available on the online planning portal, My neighbors barn conversion has it all uploaded on there.