Hi and question about purchase involving probate

[Palmsprings]

Hi, I'm hoping to purchase a period property in the near future & join the ranks here, but things got a little complicated!

The former owner started a major renovation of the house (1700's), but passed away before it was completed. I hired a conservation builder to quote me for finishing the works, and he highlighted a number of disconnects between design & access statement and what was evidently done.

There is no known documentation for conservation officer approval or completion certificate from building control. I've not phoned them to ask as I understand it can invalidate any future indemnity insurance.

Would anyone know if an indemnity policy can be provided if house is sold via probate? has anyone experienced similar? The unknowns would be a huge chunk of change to resolve and they are likely to reject a super low offer to mitigate the cost.

Any advice hugely appreciated! You may have guessed I'm looking for a way forward without necessarily walking away...

Thanks!

 

[livias]

Speak to the Conservation Officer, arrange a meeting at the house to discuss what has been done and how that differs from what was given permission. GET IN WRITING a list of the remedies that they will demand. You will probably have to pay for this but it is essential both for your builder to put a price on the works and to wave at the conservation office at a later date

Indemnity insurable is irrelevant imo, you should negotiate the price. Dont forget that if they don't sell to you then they are legally bound to disclose to any future purchaser the issues you have uncov ered. You are in a strong position now don't waste it

 

[MikeG]

Hi Palmsprings.

You don't say whether the house is listed. It isn't just listed buildings that have a requirement for Design and Access Statements.

If it isn't, then it will be the Planning Department that issued the planning permission that you need to contact. In fact, even if it is listed, the D&AS is part of your planning permission and so it is the still the planners you should approach first. It will be up to them whether they consult their listed buildings colleagues over the matter. Unfortunately, depending on your local authority, there may be a fee involved.

You say the work is not finished, yet mention that there is no completion certificate. I think you've answered your own point!! And I entirely agree, indemnity insurance is a red herring.

 

[Flyfisher]

I wonder if the probate issue may also be a red herring? The executor surely has the same responsibilities as the original owner if selling the property on behalf of the deceased's estate? But I'm only guessing and would ask the convenancing solicitor to confirm this one way or another.

The D&A statement suggests that planning consent (of some sort) has been granted, in which case a 'search' should reveal this in the normal process of conveyancing. Additionally, you may be able to search online your local council's planning website for details. Our district council allows online searching for all planning applications, both pending and decided, going back many years.

 

[JBean]

Just on indemnity insurance, some conveyancers seem to see it as a panacea for all ills. My understanding is that it provides cover for the cost of defending a potential action by the Local Authority for an unlawful alteration. It does not provide cover to rectify any defects or shortcomings that may come to light. Like others, I think it's largely irrelevant here. If inappropriate, faulty or dangerous work has been done, you'll need to put it right and insurance will not help.

 

[Palmsprings]

Thanks so much for answers, the property is grade II listed (historical importance rather than architectural).

When I say unfinished there is some bathroom plumbing to complete. It has brand new roof that builder has doubts on - ends of original purlins have movement in them!

The structural stuff, underpinning and cintec anchors is hard to say if done as nothing to see on surface!

Thanks for clarifying indemnity for me, if it doesn't cover wrong materials or inappropriate work it won't help us out.