Should I buy the house of my dreams even though the lovely conservatory extension has never had planning permission?

I am really worried as I have had my offer accepted and am literally due to exchange contracts next week, my Conveyancer has pointed out to me that the conservatory that was added on, prior to the current owner moving in, has no planning permission.

I am having conflicting advice from everyone. The local council claim that as the conservatory has been standing for more than five years they cannot force me to take it down. My surveyor suggests that I take out an indemnity policy as back up. The estate agent recommends indemnity insurance. My Conveyancer has advised me not to go ahead with the purchase as we do not know the condition of the unplanned conservatory.

Ceri’s answer

An indemnity policy is to insure against the possibility of the council enforcing you to rectify any building work done without permission at your cost. The council can only issue this within four years of the date the un approved work took place. As you are now passed that time frame there’s no risk of enforcement action as far as planning permission goes.

 

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Creative selling

Literally anyone that is remotely related to the property market will tell you that it is really going through a rough old time. The recession, government changes and a general downturn in spending has meant that houses on the market aren’t going anywhere, or at least not quickly enough.

There are those that have had their homes up for sale for so long that they feel they will never move, perhaps they have even only had one viewing!

 

Whilst people will suggest they lower the price of the house, this is not always possible for the homeowner. Those that can afford to do this have found that online property sites have been useful.

The auction format means that more often than not the house is sold for less than the market may offer but it will provide a quick property sale which for many, is highly desirable.

 

If there is absolutely no interest what so ever, it may be time to get creative. An owner in Cardiff decided to offer £15,000 cash reward for anyone that can locate a purchaser for them. It is all about maximising your property’s profile.

Another enterprising seller from The Gower decided that the purchaser of his large beach fronted property will also get his brand new boat free.

 If the going gets really tough, consider what else you could offer alongside your property to make your home even more appealing to a potential purchaser.

 

Did the bank bail out and ultra-low interest rates work?

I think that in the short term this has worked, whether it will continue to work over the next five years is, in my opinion, uncertain. I think that in 15 or 20 years time the view will be rock solid.

This will be down to the fact that Britain is a closed- shores market with limited supply, now funding has been axed we are unlikely to see any real supply of new builds. We are an ever growing Island, the immigrants did not all go home and the population is rising at a rapid rate. So all that is happening now involving finance and sentiment is no indication of the future.

 

 

Buy-to-let back in fashion

They are back and very excited! There was a much publicised meltdown of this sector a couple of years ago, but they have found their mojo and are off again..

A report just in from the Council for Mortgage Lenders suggests that buy-to-let lending is up 14% on last year.

It is not only long standing landlords that are emerging with renewed interest, it is also new blood looking to get involved.

There are many, most, being first time buyers that are struggling to get a mortgage, who have no option but to rent. There is certainly a captive audience out there. We may even turn into a nation of renters!

Landlords to face fine if they are energy inefficient

The government is to heat up legislation forcing landlords to pay a fine if they rent properties without proper insulation.The new strictures on the quality of homes are included in the "green deal" which the government will put before parliament in December.

By the autumn of 2012, the government says the scheme will enable homeowners to make their house or flat energy-efficient with no immediate payments.Companies would install loft and cavity-wall insulation draught-proof doors and windows and the homeowner would pay the firm back through their energy bills over up to 20 years. The aim would be for the homeowner to barely notice the repayments due to lower energy bills.

Recent attempts to encourage private landlords to improve their housing stock have been unsuccessful. In the first two years of the carbon emissions reduction target scheme, only 1.9% of loft insulation installations were in the private rental sector compared to 91% in the owner-occupier sector.

The government will press councils to use existing legislation more actively, under which they are able to compel a landlord to carry out the work or do the work themselves and charge the landlord. They can also impose a fine of £5,000.

The forthcoming legislation would mean that by 2015, any tenant who asks for energy efficiency improvements cannot be reasonably refused by landlords. Local authorities could have the power to insist landlords improve the worst-performing properties.

The Facts on Fixtures and Fittings

The legal bit

What exactly are fixtures and fittings? We are constantly being asked to clarify this topic.What should people take or leave behind, and what should they hope to find in their new property? This can cause some confusion and may even become quite contentious. There is not a definitive law to express exactly which items should be taken or left behind during the sale or purchase of a property.

There are always different expectations with regards to this issue. It is prudent to clarify exactly what will be included at the start of the sale proceedings. Legally speaking the seller is not obliged to leave any fixtures or fittings behind, but the onus is upon them to state exactly what they are prepared to leave. A good way to avoid any misunderstandings is to create an inventory which is then attached to the sales contract. This lets all parties know in black and white exactly what the score is.

If this inventory is not formed, it can lead to assumptions and misunderstandings, if you have removed something that was thought to be remaining, you could actually find yourself in a small claims court!

What is a Fixture/Fitting?

A fixture is understood to be any item that is bolted to the floor or walls, a fitting is any item that is freestanding or hung by a hook or nail.

Below is a list of items that usually fall into these categories.

Fixtures

Light fitments

Central-heating boilers and radiators

Built in wardrobes/cupboards (e.g. if they use a wall to form one of their sides and would thus be incomplete if they were removed)

Bathroom suites (sinks/baths/toilets)

Plugs

Kitchen units

Wall paintings

Fittings

Fittings

Paintings or mirrors that are not bolted but hung or screwed to a wall.

Carpets

Curtains and curtain rails

Free-standing ovens, refrigerators and washing machines

Beds/sofas and other free standing items of furniture

Lampshades

Television aerials and satellite dishes

How to Negotiate

Ascertain from the outset which items are fixtures and which are fittings, this will avoid confusion at a later date.State coolly and calmly which fixtures and fittings you would like to remain in the property, many a sale falls through due to a disagreement over the finer details.

Having a friendly demeanour when discussing these matters will certainly make the opposite side more accommodating.

Consider which fixtures and fittings you really want to take with you, it is quite pointless insisting on keeping the shower door if you are going to get rid of it as soon as you move house.

Don’t make unreasonable demands, it could strain the relationship that you have, and make any further negotiations difficult to say the least.

As soon as firm decisions have been made with regards to the fixtures and fittings, it should be logged down to avoid any confusion or contentions further down the line.

The issue of fixtures and fittings is not a small one, these items can add up to thousands of pounds and may make a big difference to the monetary worth of a property.

To replace all fitted and freestanding furniture, central heating fixtures, telephones, curtains, curtain poles, satellite dishes, fireplaces and external dustbins would probably cost the buyer somewhere in the region of £15,000.

It is definitely worth taking the time to clarify these details. It will most certainly be well worth your while. It will avoid any unnecessary disagreements and possibly legal trouble further down the track, not to mention saving you money!