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Hi all Currently finalising missives (contract of sale - Scotland) to purchase our land which is subject to planning and finance. The next step will be to put planning permission on the land then when planning is in place we can apply for the self build mortgage which will cover part the land cost too (we have £100k cash, the land price is £250k. Buying the land outright isn’t an option for us) The sellers asked for 6 weeks from planning approval to complete the sale however my financial advisor said we need minimum 12 weeks and ideally 15 to get the mortgage application through. My lawyer is now negotiating this point with the other side. They have agreed to 12 weeks but not 15. My financial advisor feels uncomfortable with this. The position would be that the sellers could then walk away if we don’t complete within this time frame, we would lose the sale and all of the money (£30k+) time and effort that will have gone into the project by that point. They will be left with land that has planning on it, so more valuable. Has anyone got any experience of a similar legal contract? are there any loop holes we could add in to further protect ourselves if there were any delays outwith our control? Has anyone got experience with mortgage application timelines? We are looking at buildloan and will prepare all we can upfront including costings, ready to apply as soon as planning is in place. Any ideas, experiences or suggestions are welcomed! Thank you.
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- selfbuild mortgage
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My son had a builder in last year to knock out a couple of walls and put steels in. All went apparently ok with Building control was apparently happy with it. Role on 12 months, he is now getting on with more work with a new builder, replacing windows, putting in new patio doors together with replastering and rewiring for whole house. Last weekend I helped gut the 1st floor bathroom which sits at the back of the house with the rear wall over the steel. Plaster was removed and as we took at a cast iron bath, we saw a whole section off the inner leaf brick wall move by 1 or 2cm, on closer inspection large section of the wall had sunk 1cm or more... The new builder came in today, he saw the problem and after talking with my son contacted building control, it turns out, PIR and block pavers was used to fill the gap above the steel!, it was loose and could be moved about by hand, original builder had put a skim or mortar over the top to hide pavers and pir. A Building Inspector came out and said, "I don't know how this got by control", saying this and that is not right. But he was the original inspector! Structural engineer is coming out take a look. All trades are now lined up to do work, current builder is happy to put things right but it will add an extra week or two, son doesn't really want to delay build, as it is just starting However he will want to chase original builder and get compensation/refund for work, it wasn't a big job aorund £5k SO how does he progress? they are taking lots of pictures, should they stay with the same builder control (local authority) or get private building inspector in? He is aware the original builder should be given the chance to put things right, but he doesn't trust him, why should he, he wants it done now, his new builders can. Should he approach original builder? ( they live in the same street) I'm just looking for any advice to give him. Thanks
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- building control
- legal
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Hello all Having applied for a lawful development certificate I eagerly awaited the determination date which was yesterday. Only yesterday did I notice the validation letter sent by the planning authority has given themselves an indeterminate amount of time in which to reach a decision. The letter states "whilst every effort will be made to ensure that a decision is reached on the application and notice given to you by the 21st of September 2021 circumstances may dictate otherwise and to avoid excessive correspondence I shall assume unless I hear from you to the contrary that you have no objection to the period being extended to enable a decision to be issued please note the above description unless I hear to the contrary within seven days of the date of this letter I shall assume that you agree to the description." I hadn't previously noticed this and am really annoyed. Besides anything else I am annoyed with myself for not noticing this before but also the principal of acceptance by silence is extremely frowned upon in legal circles as it is often used to dupe the unsuspecting. I would really value thoughts on the legitimacy of this strategy. In my view its unethical and potentially illegal, but I would value your views. TIA.
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Hello folks!!!! I am looking for a private investigator who can trace a builder who has defrauded my family of a large amount of money. All we really have is his website, phone numbers and bank details. Unfortunately the PI business is also full of cowboys. Can anyone recommend a good investigator who can do this sort of work?
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Dear Forum, First post here - just embarking on potential new build on infill plot. Would anyone care to recommend a firm of London (north / east preferably) based solicitors that have good experience dealing with Land Option Agreements / Residential New Build Developments? Trying to find the right one to look at legal contracts that has more specialist experience rather than straight conveyancing. So many in London, but would welcome any recommendations rather than using google / law society. Thanks in advance Graeme
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Hi, Desperately need some advice. My plot is number 3 out of 4 on a development. The developer is contracted to block pave the access road into the 4 plots in block paving, which is about 100m long. 2 of the houses are complete, 1 hasn't started at all (and not sure if it's even been sold) and I'm in the process of building. I received an email from the developer last Friday telling me they intend on constructing the access road starting the 16th. This may possibly cause me huge issues as delivery vehicles, concrete lorries and a crane could damage the block paving. In my contract under sellers obligations is the following: "No later than 3 months after the last house on the any adjoining land (then or formerly belonging to the seller) which is practically completed the seller shall at its own cost surface the said access road using block paving or such other materials as may be required by the local planning authority" Now my understanding of that is within 3 months after the last house of the 4 is practically completed, the access road will be constructed and not before. I've pointed that out to the developer but he is still going ahead with the access road and told me that I will have to pay for any damage. Can that contract clause mean anything else? Am I reading it wrong?? Thanks for any advice Vijay
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- access road
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