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Improvements to CH System

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  • Improvements to CH System

    Hi all,

    I am in the process of trying to sell a house built in 1990. It has an oil fired boiler, which all appears to be original. It is in good working order and has been serviced yearly for the last four years we have lived in this house. I would assume that it was also serviced regularly by the previous owners.

    On the last service report which I forwarded to the purchasers solicitors it mentioned a few items required to bring the system up to current regulations standard, fire valve, electrical switch to boiler electric supply.

    I decided to get these installed because they are relatively inexpensive.

    However the buyers solicitor has now advised that the survey report they had undertaken advises that the oil storage tank does not comply with the current building regs. They have asked for this to be brought up to current regs standard before they exchange.

    The tank is too close to the boundary and the neighbours property to comply with the 2010 version of the bg regs.

    This would mean constructing a fire proof (masonry) wall to separate it from their house or move the tank approx 350 mm away from the boundary.

    The tank is original from 1990, and is in good working order. I presume it complied with bg regs at the time and there is no current legal reason that it needs upgrading as bg regs are not retropspective.

    Any thoughts? I think that it is unreasonable as most the house will not comply with current bg regs. Do I refuse outright?

    Any guidance appreciated.

    Thanks,

    Long75

  • #2
    Re: Improvements to CH System

    If your oil storage tank met building regs when it was installed then neither you nor any new buyer are under any obligation to update it to meet any regs issued afterwards.

    It sounds to me like your buyers solicitor and surveyor are trying to justify their fees by their advice which is not legally enforceable by anyone. After all how would it look if they got a survey and buyers letter with no recommendations ?

    To put it quite simply it is up to you and the buyer whether the changes are made or not, if the tank is not unsafe then why change it, I am sure that there any many aspects of your house which do not meet current building regulations as they change every year and nobody has mentioned them.

    We have bought many houses which have some aspects not up to current building regs but as long as these do not make the property unsafe then we have accepted them as part of the process, building regs are not backdated so just cal the buyer and sort it out between the two of you cutting out their solicitor.
    Adam Long

    www.quickhomeseller.co.uk

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    • #3
      Re: Improvements to CH System

      Deleted duplicate post
      Last edited by Richard Webster; 10-02-2012, 11:56 AM.
      RICHARD WEBSTERwww.rwco.co.uk
      As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

      Comment


      • #4
        Re: Improvements to CH System

        If your oil storage tank met building regs when it was installed then neither you nor any new buyer are under any obligation to update it to meet any regs issued afterwards.

        It sounds to me like your buyers solicitor and surveyor are trying to justify their fees by their advice which is not legally enforceable by anyone. After all how would it look if they got a survey and buyers letter with no recommendations ?

        To put it quite simply it is up to you and the buyer whether the changes are made or not, if the tank is not unsafe then why change it, I am sure that there any many aspects of your house which do not meet current building regulations as they change every year and nobody has mentioned them.

        We have bought many houses which have some aspects not up to current building regs but as long as these do not make the property unsafe then we have accepted them as part of the process, building regs are not backdated so just cal the buyer and sort it out between the two of you cutting out their solicitor.
        __________________
        I agree with this common sense response.
        RICHARD WEBSTERwww.rwco.co.uk
        As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

        Comment


        • #5
          Re: Improvements to CH System

          Thanks for your replies, that was my opinion but just wanted a second opinion.

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