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Listed Building Consent not required and conveyancing

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  • Listed Building Consent not required and conveyancing

    I am hoping for some urgent advice.

    We are in the process of selling a Grade 2 listed property, built in 1423. We are at the point of exchange but the lenders solicitors are refusing to agree the exchange.

    The background is, we had the roof 're-sited' in September. We contacted our local buildings officer (who has previously dealt with our property) before any work was carried out and asked what permission we would need. We were assured that as we were only lifting the tiles, insulating the roof, replacing a number of broken tiles, like for like, and putting all the other tiles back on; we would not need listed building consent.

    Happy with this advice we went ahead and had the work done (taking photos at all stages).

    The sticking point now seems to be that the lenders solicitors are saying that they require a letter from the Council stating that they have inspected and that the work complies with Listed Building regulations. The council have emailed the solicitors saying that no consent was required and that they gave us the go-ahead, but the solicitors keep on demanding the wording 'inspected'. The Council (understandably) are refusing to come and inspect something that doesn't need inspecting.

    As there seemed to be no way past this we asked our solicitor to arrange an indemnity policy for the work so that we can progress the sale. We are now told that because the work was so recent we can't cover it with a policy.

    We are at a complete loss, is our house now unsellable?

    I should add that the purchasers are as frustrated as we are and this is not coming from them.

    Any advice would be so welcome.

    Thanking you in advance, Fleur

  • #2
    Re: Listed Building Consent not required and conveyancing

    Are the buyer's solicitors some kind of factory conveyancing outfit where everything is done by ticking boxes?

    If the Council has clearly said that no consent was required then they will be prevented from later saying that a consent is required and taking enforcement action. Therefore can't see the issue. Can only suggest that buyers change solicitors.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Listed Building Consent not required and conveyancing

      Hi,

      Thank you for taking the time to read and reply.

      It's not the purchasers solicitors it's the mortgage providers solicitors that are raising all these issues. We just can't see a way past this, it seems so irrelevant but it's going to force the collapse of this sale and our move onwards!

      Kind regards, Fleur

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      • #4
        Re: Listed Building Consent not required and conveyancing

        Which mortgage lender is it? Can buyer not get mortgage from somewhere else?

        Could try to report solicitor to lender for stupidity?!

        Unfortunately this is a classic case of the way some mortgage lender's solciitors behave - no common sense at all.

        If buyer is trapped with a sub=prime lender or with HSBC (see HSBC restricts buyer solicitor choice) he may have no choice. If it is HSBC I would be complaining long and loud to the local branch about the stupidity of their chosen solicitors. The more complaints they get the better and perhaps they will reverse their stupid new policy.
        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

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