The conveyancing solicitor plays a crucial role for the buyer, who is often inexperienced with legal and procedural matters. Solicitors usually feel a professional obligation to ensure all necessary approvals are in place. If there are any concerns or deficiencies, they will suggest seeking specialist advice and relevant reports.
The legal enquiries conducted by the conveyancing solicitor will determine if any Building Regulations or Town Planning consents are required. This process depends on the accuracy of the information provided by the vendor and the findings of the buyer’s RICS survey, if commissioned. Buyers are generally encouraged to commission at least a level-2 RICS survey, particularly considering a level-3 survey for larger, older, or unique properties.
A competent surveyor will identify any Building Regulations issues, and most buyers, with their solicitor’s assistance, will review the surveyor’s report and take note of any necessary specialised reports.
Estate agents play a pivotal role in nearly all residential property transactions, overseeing the entire process. An experienced agent understands the position of both sellers and buyers, as well as the roles of solicitors and others in the transaction. They are adept at identifying and navigating issues that might impede a sale, which could affect their clients’ interests, their own sales and commission potential, and their professional reputation.
Potential issues include missing documentation for alterations, such as town planning or building regulations approvals, landlords’ consent for structural changes in leasehold properties, and defective RICS surveys. An effective agent proactively addresses these foreseeable challenges to ensure a smooth transaction.
When it comes the subject of structural engineering and evaluating a property’s condition at the point of sale, we have encountered several common issues that may be informative for estate agents refining their skills or seeking a refresher. A Structural Engineer’s Report may be necessary in certain situations, which can significantly facilitate the sales process if addressed early.
Circumstances that might require a Structural Engineer’s Report include:
1. Presence of cracks or structural movement
2. Instances of previous underpinning or subsidence insurance claims
3. Surveys that have failed to meet requirements, resulting in mortgage or buyer concerns
4. Past modifications made without proper Building Regulations Approval
5. Flats with alterations, such as wall removals, carried out without the landlord’s consent.
Our useful advice regarding the topic above includes the following:
a) In general
When it is highly likely that a buyer will request a Structural Engineer’s Report, due to concerns such as cracks, movement, underpinning history, or changes to Building Regulations, it is advisable for the seller to proactively obtain this report.
Based on our experience, it is beneficial for the seller to commission a Structural Engineer’s Report from a Chartered Structural Engineer who is well qualified and experienced in residential properties. Such a report should address the issues in a practical manner that aligns with the buying and selling process. This report can provide the owner with valuable information on necessary repairs and estimated costs.
Additionally, it can be shared with prospective buyers on a transparent basis or transferred to them, keeping in mind that there may be extra fees associated with this transfer due to the additional responsibility and effort required to alter the report’s context.
b) Notable cracks, sloping floors or doors
During valuations or initial viewings, if you notice a significant crack near the front door or in an equally prominent place, it should not be disregarded. The buyer’s surveyor will undoubtedly notice it and may request a report from a structural engineer, which might be required for mortgage approval or simply to reassure the buyer.
c) Past underpinning or subsidence insurance claims
If your initial vendor questionnaire or conversations reveal previous underpinning or a subsidence claim, it is likely to raise concerns for both the buyer and their potential mortgage and insurance providers. Despite the apprehension these terms evoke, particularly since unnecessary underpinning was common before the 2000s, an underpinned house is now more robust than before and often more so than similar properties. Commissioning an early report from an experienced Chartered Structural Engineer can greatly help to reassure all parties involved.
d) Failed surveys, mortgage or buyer survey concerns
Concerns from mortgage or buyer surveys often lead to the need for a Structural Engineer Report. These are typically prompted by a Surveyor’s observations. For instance, a valuation survey for mortgage approval might necessitate a Structural Engineers Report. Alternatively, a Homebuyer’s or full Building Survey may suggest a Structural Report for the buyer’s reassurance. As an estate agent, obtaining feedback from the Surveyor’s report enables you to promptly recommend a Structural Engineer Report, potentially expediting the process. If the property is in poor condition or if there are existing cracks and a history of structural movement, anticipating the need for this report can facilitate a smoother transaction.
e) Previous alterations without Building Regulations approval
One of the most common issues involves previous structural alterations made without proper documentation, such as the approval of plans and the issuance of a completion certificate through Building Regulations. This situation often arises with loft conversions, extensions, or the removal of walls or chimney breasts.
Estate agents should be aware that structural engineers can carry out a visual inspection. If alterations were completed many years ago, these structural inspections often indicate whether the modifications have endured over time. Conversely, if changes were made in recent years, it is challenging to determine their safety and durability due to the lack of a proven track record.
During a property sale, only a visual structural inspection and reporting are conducted. Structural engineers do not dismantle the building or perform any form of retrospective calculations. While these steps are possible if requested by the vendor, they are time-consuming, more costly, and seldom found to be necessary.
f) Flats without landlord’s consent for structural changes
In cases where structural changes, such as wall removals, were made without the landlord’s consent, a retrospective assessment may be necessary, similar to those conducted for non-compliance with Building Regulations. Solicitors representing buyers will likely advise their clients to obtain such assessments when there is no evidence of the landlord’s consent or adherence to Building Regulations, for clear reasons related to professional diligence.
Conclusions
Estate agents play a crucial role in identifying the need for specialists, such as structural engineers, to facilitate smooth property transactions. Proactively addressing this need can save considerable time, reassure buyers, and help prevent sales from collapsing due to unforeseen issues.
Ensuring that the engineer is a Chartered Structural Engineer (C Eng, MIStructE) rather than a partially qualified graduate is essential. Such professionals possess the expertise to prepare concise, practical reports efficiently, without requiring extensive additional investigations.
When estate agents identify potential issues with consents or documentation, recommending that sellers obtain a structural report early can alleviate stress further down the line. These reports often provide the reassurance needed to keep cautious buyers from seeking alternative properties. An estate agent’s foresight in this regard can be invaluable in maintaining the transaction’s momentum.
Should there be any doubts about the necessity of these reports, a simple call to a local firm of Chartered Structural Engineers can provide clarity and guidance.
