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aims

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Everything posted by aims

  1. I'm in a similar situation right now. My existing self build insurance expires mid-july. I could extend it for a 3 months...or for the same price get a full year home insurance. My house hasn't got the completion certificate yet but its essentially just external balustrades (and some minor work) waiting to go on otherwise all the other major work is complete and we are essentially "moved in". Interested to know why you still took out the home insurance if the chance of yoor claim being rejected was high because it wasn't "building control complete"?
  2. In the end for me in order to get a self build mortgage, I needed the self build insurance but then I also had the All Risk in joint name taken out with me and builder in order to complete JCT contract. The joint name All risk wasn't 2.5k, closer to around 1k but I imagine its project specific. There are some overlaps between the two policies but they are also different in that anything you purchase yourself is covered by your self build insurance. I had non-negligence taken out too in addition to above in joint name due to my specific proximity to my neighbour's property (again this is project specific)
  3. Hi All, Thought I would update this existing thread. I am due to start the build of project soon. Signed a JCT MW contract with the Main Contractor and my architect as the Contract Administrator. A question for anyone who has used JCT MW (or any I guess), have any of your builders found it difficult to get a joint name insurance (all risk, non-negligence, etc) which is mentioned in the contract? I ask because my builder is trying to add me to his insurance but his brokers seem to suggesting that his current insurances may already cover everything (as joint name its not very common to do) and as the project is "referenced" in insurance docs this should also cover me. I'm a little apprehensive as this is not exactly inline with the JCT. I have separately spoken to brokers myself (who do know about JCT Joint name) and forwarded them onto the builder but just wondered if anyone else experience something similar. I just find it odd brokers are having a hard time handling "joint name" insurances when JCT is supposed to be one of the more common/popular builders contracts. Cheers
  4. Sorry, just wanted to steer the conversation back to the topic. Ignoring the deposit topic, I imagine someone must have been in a similar position to me? I have a self build mortgage offer which has insurance conditions (i.e. must have "All Risk", which is not the usual "SelfBuild" Insurance you get from Protek/BuildZone). This insurance is normally the Contractor's (or joint name) which implies I would need to have a contract signed with a Contractor before my mortgage can be completed. Is this generally what most people in a similar position did?
  5. Thanks all, definitely food for thought. I will have a more detailed chat with the architect to iron this out. I realised the conversation went slightly down a different path but wanted to confirm if anyone did sign a contract with a builder even though their mortgage wasn't completed yet?
  6. Interesting, I did generally understand to avoid deposits but assumed for larger projects i.e. a self build, it was reasonable for a small % ask due to initial set up costs be a lot higher. In fact this is what I received from my Architect (who has been great so far) in response: "Always an initial deposit is done when signing the contract for the contractor to secure the site, scaffolding, piling structural calculations, portable toilet, materials to be delivered, labour, etc. That also confirms that the client wants to go ahead with this particular contractor. Usually, we agree on an initial payment deposit as a percentage of the total amount and we discount the same percentage to the interim valuations, so with the final payment " It does seem to be a hot topic online which valid arguments on both sides
  7. Hi All, Wondering if there have been anyone else in my position and how they handled trying to time signing a contract with a builder and completing on mortgage. Here is my current situation: Received mortgage offer - Have a few condition before completion & have 6 months to make the first drawdown. The main condition is the usual site insurances Builder - Will soon begin contract discussion with a builder and naturally will have to provide a deposit to get the project started Site insurance - I can obtain the self build site insurance but they say the work must being within 3 months of obtaining the insurance Question I have is did anyone sign a contract with a builder even though their mortgage wasn't completed yet? I ask because I am in a chicken/egg situation i.e. I don't want to sign the contract with the builder until I have secured funds (I do technically have enough cash reserve for a deposit) however I can't get insurances to complete my mortgage until I know a start date with my builder. My personal thoughts are (rightly or wrongly), I go ahead with builder contract, organise a start date and site insurance and can then "complete" my mortgage. Any thoughts/experiences?
  8. I feel I may need to push the architect a little more on this topic. He does generally agree with what I mentioned. He says JCT MW would be the go to contract and that he will specify all the insurances (i.e. Public, Employer, All Risk and Non Negligence) the contractor will need to have. I will still take out self build insurance to cover any equipment, etc I will have on site that do not belong to the MC.
  9. Correct will be a new build. From previous discussions there's a few contracts that were mention i.e. RIBA, JCT MW, etc. It seemed JCT MW was most suitable for my project potentially even JCT intermediate. Seems odd to have no allowance for a specialist sub contractor that has no connection to the Main Contractor to help on a project. I would assume the JCT MW is just clarifying that the MC can have no accountability (i.e. will not "govern") of the specialists work. Which makes sense to me i.e. I wouldn't expect my main contractor to have to be involved when I want a specific certain alarm system/flooring/fitted wardrobes, etc. Would be interesting to know what types of contracts people did use in these situations (i.e. Main contractor for most of the work + some specialists like a cctv/alarm company).
  10. Definitely has my scratching my head for sure! I found this from the JCT website (for the minor works contract but I believe others are similar), which I think is designed to handle the scenario above you mentioned "If the project is for new works only and there are no existing structures, clause 5.4A is applicable and clauses 5.4B and 5.4C should be deleted in the Contract Particulars. Clause 5.4A provides that the Contractor shall effect and maintain a Joint Names Policy for All Risks Insurance for the Works. All Risks Insurance is defined in the contract and insurance cover must as a minimum cover those defined risks." "A Joint Names Policy (defined in the contract) is a policy of insurance that includes both the Employer and Contractor as a composite insured, which means that the insurers have no right of recourse against any person named or recognised as insured." "The cover required may be provided either by way of a specific policy or through the Contractor’s annual all risks policy (CAR policy) provided the CAR policy is extended to recognise the Employer as a composite insured in respect of the Works" So above mentions "All Risk" + Non-negligence cover is also mentioned in other JCT contracts (sections 21.2.1 / 6.5.1 in Intermediate 2016 but not mentioned in Minor Works 2016) as being in joint name too. My current stance is as follows (but you are right I should probably get some expert advice on this): My own insurance in my own name (this will cover me if say items I bought get stolen, rather than the main contractor's tools, materials, etc): Employer Liability Public Liability Legal expenses Main contractor's insurance in their own name (same reasons as above but vice versa): Employer Liability Public Liability Legal expenses Insurance in joint name i.e. both myself (Employer) and Contractor: Contractor All Risk Non negligence (if needed)
  11. Good to know! I hope my Lender has a similar process to Ecology because that sounds ideal, especially the flexibility of not having to drawdown to full stage amount in one go
  12. Hi All, I am currently in the tender process (main contractor) and am planning to use the JCT Minor Works contract (Architect as contract administrator). One thing I am trying to get my head around if the type of joint name insurances needed vs the usual selfbuild insurance that are more common (i.e. buildstore, protek, etc). "Normal" Selfbuild insurances (from Buildstore, etc) contains the following in your own name: Employer Liability Public Liability Legal expenses However the JCT contracts request insurances to be in joint name between the client and contract i.e. Contractor All Risk - this is the main one mentioned Non negligence - (optional) if you are doing piling, etc near a party wall of a neighbouring property. If something goes wrong but there was no negligence it will fall on to me to still rectify the neighbours property Public Liability Employer Liability Legal expenses Would be nice to hear about how people handled their insurances if they used a JCT contract with their contractor. I am trying to figure out whether its pointless getting the self build insurance in my own name if the JCT requests some of them to be in joint name anyway. I may be in a scenario where I do get a seperate flooring company/security company in to do certain work rather than the main contractor so maybe I would need my own policy. Just feels odd about potentially paying twice for some of the same cover. Cheers
  13. Hi All, I am looking to understand the drawdown process in a little more detail. Generally from what I can see on the forum most people mention its fairly straight forward i.e. simply fill in a form > lender sends a valuer to confirm the uplift in value > lender then pays drawdown. However I just had a look at BuildLoans drawdown forms and they mention the following as "requirements": Confirmation of work completed from Warranty Provider or Professional Consultant Photographs confirming stage of build Valuation re-inspection (to be instructed by BuildLoan/Lender) Technical Audit instructed by BuildLoan (if not using Warranty Provider) Numbers 2 & 3 I understand Number 4 wouldn't apply as I will have Warranty in place Number 1 seems interesting i.e. have people had to sync up their warranty inspections with the mortgage drawdown stages? or request additional inspections from the warranty provider if the drawdowns and inspections don't sync? Would be good to hear people's experiences of their drawdown process Cheers
  14. @Mike_scotland do let us know when you do eventually get the offer. I would be keen to get an rough idea as I am pretty much about to submit the application to the lender via BuildLoan too (DIP, costings, etc all done). For anyone interested, regarding BuildStore/BuildLoan, my experience has been a mixed bag but generally positive. You get passed onto a lot of people and how quick/competent they are is pot luck. Out of the 4 people involved in my application (Advisor, Case Manager, Underwriter, Costing), 3 of them were pretty good and fairly quick. 1 was unfortunately slow i.e. spent two weeks making no progress because they had wrong mortgage amount/costing , etc (which I then had to explain and cc everyone in to get back on track). Got there in the end and they did apologies for the misunderstandings. Like mentioned above, it definitely helps to maintain the communication and not wait for them for too long.
  15. I am pretty much in a similar position and have the same understanding as you. Looks like the cover is to be under joint names (Contractor & Client) and is normally picked up by the Contractor to add (although we can organise it ourselves if we like..I think). I was planning on having a JCT Minor Works contract (with my Architect as the Contract Administrator) but it seems the non-negligence insurance piece is not mentioned there clearly (or I am blind). Seems to be mentioned in the JCT Standard, Design & Build, etc contracts. Just another thing to wrap my head around
  16. Thanks all, good to know. I guess few things that come to mind: I need to figure out how starting may impact by selfbuild mortgage. - I fairly certain I will have that wrapped up before I begin anyway but I know some lenders can be picky with work that has already begun @dnb This form you sent to Planning, was their a sign off from BC to confirm it had started? I am guessing I need to discuss the criteria for starting work with my local council as there seems to be a few different levels to what is considered "started". For CIL /Planning conditions, I think I have them under control, so hopefully should have no issue.
  17. Hi All, Wondering how many other people have been in my position ad any recommendations on what to: Planning permission expiring in December 2021 - for a new self build Current status: should receive pre-construction building control approval in the next few weeks (Nov/Dev 2020) Things left to do: Self Build mortgage, Tender process, Utility companies (Thames water for sewage is already complete as part of the building control approval) Why did it take long so far? Where do I start... Architect went into Administration (put the project on hold for 6+ months), Building Control with Local Authority has been painfully slow , etc Naturally with all the things still left to do, I am a little concerned about whether I can start the build within a year (based on how slow the project has been so far + covid). I am aware you can't "renew" planning permissions anymore which is a shame. Anyone have any advice, should I talk with the Planning Officer maybe 6 month before the expiry date? I imagine I will have go through the whole planning process again if I don't think I can start. Thanks all
  18. Hi All, I’m currently looking to have some land (garden) gifted to me by my father from his current primary residence. I’ve been advised there are some tax considerations especially as i’m deciding whether to complete the transfer of land before or after I obtain planning permission for it. I am looking to get professional tax advice but wanted to get opinions before-hand. The three taxes i’m aware of are: Capital Gains Tax – I imagine this applies because the land is no longer part of the primary residence once it is split and gifted. However my father is retired, so I’m not sure what % bracket for CGT he will fall in. Inheritance Tax – Shouldn’t apply to me if my father survives more than seven years after the gift Stamp Duty – shouldn’t apply to me as house is free from mortgage Questions: Would my father have to pay CGT based on the information above? If we eligible for gift relief and I want to sell the new-build property, will I pay CGT even if it has then become my primary residence? The CGT on the gain (once I build a house) will be enormous as the land with a property on it will value considerably more. If I transfer the land pre-planning (lower value = less CGT), then find out I can’t get planning permission and want to transfer the land back, are there any tax implications to me/father? The land in theory goes back into his primary residence. How does HMRC view ‘value’ of land and the gain? i.e. originally my father paid 80k for the whole property but the gifted land is only the garden portion of the property and may be worth around the 50-90k now on its own. HMRC requires valuation from a professional surveyor only? When dealing with the splitting and transfer of land, should a solicitor deal with HMRC for tax? Or will this need to be a separate process my father and I will need to do ourselves? Many thanks for any help you provide!
  19. It is interesting to read. It seems based on all comments a combination of Solicitor search and a charted surveyor (in addition to my own investigation) may be the best way to find out about the land before getting into the design phase?
  20. I think Covenants were just one of things the company suggested. They mentions things like rights of way, wayleaves, etc that a Solicitor should be able to help? I have actually the Title Register (in the process of obtaining the deeds to confirm the boundaries) which does a mention a covenant (back in 1930) to not build a new premises which will "carry on of the business of a Licensed Victualler or the sale or supply of Beer Wine Spirits or other alcoholic liquors". So I don't think it will be impacting me @JSHarris This is probably where my experience (lack of) shines through. Would you be able recommend the kinds of investigation work I should do? I'm aware of the planning application requirements, flood risk, service connections, no mortgage on the land, and the covenant mentioned above. I've been reading Mark Brinkley's Housebuilding bible and he mentions a few legal points to investigate : Boundaries, Covenants, Rights of way and wayleaves that "should be uncovered by your solicitor's search". Doesn't really go into more detail.
  21. Thanks all for the replies. I think the main concern was to confirm if their were any covenants on the land as mentioned by @lizzie before even getting to the design and planning stage. I'm in the fortunate position where the land is family owned so do have reduced risk. Would anyone have any recommendations for solicitors (I live in London if that helps)? And any idea what is a reasonable price for solicitor checks on covenants, etc? I ask because having spoken to a few last year about transfer of land I was being quoted between £1000-2500 which is a fairly wide difference.
  22. Hi All, First time self builder here and wanted to get an idea when I should hire a Solicitor in the whole process. My general understanding of the flow is: Design Planning application Solicitor is then used to buy/transfer/split the land Solicitor help to apply for mortgage Build One of the package companies I am talking to mentioned that we should hire a solicitor to get legal advice to confirm if it is possible to build on the land (i.e. to find out if there any points of concern that may prevent us building) before getting into the design of the house. Is this normal to hire a solicitor to check if we can build on the plot before getting the designing under way? I would have though a Planning Application would have confirmed if it was possible to build or not? Is there anything else Solicitors are needed for that I may be missing? Thanks for any help!
  23. Thanks for your replies, all. The companies seem to divide this into 3 sections: 1 - References to talk to previous clients 2 - Opportunity to see a build in progress 3 - Opportunity to view an almost-completed / completed build It is number (3) that seems to be the sticky point, as they have mentioned that clients don't like to have people visiting their property, which I can understand, but it does seem the opposite to some of your comments. Am I being too fussy in trying to request all 3 points above? I've had another company allow me to view an almost-complete build (3) but refuse to give any references of previous clients (1). I'll probably avoid this company if I'm unable to chat to a client.
  24. I have narrowed down my list to 3 companies (based on service they will offer and build type) and I got the responses above from two of them. That is exactly what one of the companies said, which I understand but there does seem to be resistance in even asking if a previous client is willing. I agree, I am trying to push both companies to allow me to visit a site/talk to references but I don't feel I should be having to try convince them to do this, so it is a little frustrating.
  25. Thank you! I do have a plot indeed in W London. They do vary a lot, I had around 10 companies initially but have narrowed it down to 3 based on build method and service offered.
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