Discrepancy between floor area advertised and reported in BER

Curtley-Óg

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Hello

I am a FTB, and went sale agreed on a property at the start of Jan.
It is a 2 bedroom mid terrace house in a provincial town, in need of renovation/modernisation.
The purchase price is ca. Eur150,000, ca. Eur10,000 above the guide price.
There were at least 2 under-bidders.
After deposit and transaction fees I should have min Eur30k to spend on renovations - Eur10k immediately from savings, and min Eur20k from Oct of this year (share options mature then, it is a SAYE scheme so Eur20k guaranteed + any upside which today would be ca. Eur10k after CGT).

Since going sale agreed (in date order)
1. I received the BER report from the vendor's EA and noticed the square meter floor area is significantly less than that advertised. ca. 70m2 advertised, 58m2 BER. (Note BER report currently gives a BER G, with potential to get to B2.)
2. I had an independent valuation done by a local EA (who I will call the "purchaser's EA" to avoid confusion with the vendor's EA), which raised no concerns with the sale price - note I did not share the floor area discrepancy until after this valuation was done.
3. When discussing this valuation, I shared with my (purchaser's) EA the discrepancy in floor area. This purchaser's EA took away to confirm with the vendor's EA. The vendor's EA remeasured the area, and phoned the purchaser's EA to advise 61m2.
4. I spoke again today with the purchaser's EA, and he has made no change to the original valuation - i.e., the sale-agreed purchase price remains representative of his valuation. He explained that his valuation is not particularly sensitive to a reduction of ca. 10m2 in floor area, but is based primarily on location (town centre), the fact there are two decent sized bedrooms, a relatively large bathroom, and a decent sized back garden area. That said, the purchasers EA advised it would be reasonable for me to request a renegotiation of the sale price on the basis of the change of floor area, albeit with a risk that the vendor could use this to bring underbidders back into play.

My primary focus now is to proceed with an engineering survey to assess whether there are any showstoppers regarding the structural integrity of the house and, if all-clear, to determine what renovations will be necessary along with a ballpark outlay. My solicitor is also now proceeding with the review of deeds.

My gut tells me not to worry about the discrepancy in floor area, and to maintain focus on getting the engineering survey done. Once I have the engineering report (likely in about 2 weeks), I will assess whether my minimum renovation budget of Eur30k will make the house liveable within 2 months of getting the keys, and comfortable by the end of 2022. Depending on what information surfaces through both this engineering report and my solicitor's review of deeds, I may go back to the vendor's EA to renegotiate price. I will be properly appraised at that point of essential information about the house - my hope (obviously) is that there are no "big ticket" concerns at that point and if so it is unlikely I'll look to renegotiate the price. If there are showstoppers which would genuinely cause me to consider walking away from the purchase unless paid for or otherwise addressed by the vendor, I would then open a discussion about the purchase price.

Just to clarify, my current (probably "glass half-full") base-scenario for renovations over three phases from 2022 - 2024 is:
- Phase 1 Apr - Jun 2022: Eur10k to get essentials done before moving in, asap. Likely this will include minor roof fixes (assuming timbers OK), roof insulation, new doors, double-glazed windows, draught-fixing, ventilation work to address or at least begin seriously addressing any damp issues.
- Phase 2 Oct - Dec 2022: up to Eur30k to progress larger scopes - incl wall insulation, heating system, ensure electrics/plumbing up to spec. Potentially incl major roof fixes (assuming timbers not OK).
- Phase 3 2023 - 2024: up to Eur10k to modernise - new kitchen, decorating

This base-scenario is obviously highly dependent on what comes back from the upcoming engineering survey, but is my best (albeit probably optimistic!) high level guesstimate of work and cost as of today.


I would be grateful for feedback on my strategy above. Obviously I am relying primarily on solicitor and engineering professionals which I have engaged, however I'd be interested to know if anyone on here has lessons/perspectives they can share based on their own experience.

In terms of specific questions:
1. Given I really want / need this purchase to go through, is my focus on engineering survey the right one? (ie, understand/quantify the totality of risks and issues with the property, and then assess whether or not to engage any further with the vendors EA regarding purchase price).
2. Has anyone had experience of successfully renegotiating price based on a discrepancy between advertised and actual floor area?
3. Has anyone had experience of successfully renegotiating price based on significant renovation work being indicated by the engineering survey? This assumes the property is already clearly in need of renovation from the ad and viewing, but that the survey identifies a "major" structural issue.
4. Generally speaking, is it prudent to only consider opening a renegotiation of purchase price if and only if one is ultimately willing to walk away?
5. Is my 3-phase approach to renovations above a good one in principle?
6. How are my ballpark cost estimates - wildly optimistic, or OK? (obviously these are guesstimates needing a lot of refinement once more information is available from the engineering survey, but any feedback on rules of thumb for renovation costs would be welcome).
7. Is it best to engage a quantity surveyor to work up a bill of quantities as a next step to the engineering survey for me to sharpen my estimates? Or is that overkill at this prepurchase stage, and is there an equally reliable or better way for me to determine the outlay for renovations before I commit to the purchase? Are there up to date online resources for estimating materials and labour which a layperson like myself access?


Thanks in advance.
 
2. Has anyone had experience of successfully renegotiating price based on a discrepancy between advertised and actual floor area?
You are overthinking this. You have seen the house in person and your are either happy to pay for it or you are not. Whether a piece of paper tells you it is 58/61/70sqm is not significant. Most people don't even have the spatial awareness to notice this anyway. It is hardly unsurprising that an EA over estimated the number but as far as you are concerned, the property is not changing in size.

At €150k, you have probably outbid the other buyers by €1-2k at most so very unlikely that there is any room to negotiate. Personally I think it would be foolish to bring this up with regard to the floor space

3. Has anyone had experience of successfully renegotiating price based on significant renovation work being indicated by the engineering survey?
This one however, I would rely on the survey for your next steps. If there are major structural issues, you should walk away full stop. Being pragmatic about it, at €150k, do you think a seller will spend >€10-20k to sell to you or will they just move on to the next bidder and accept a slightly lower offer of €148k with no further hassle?

1. Given I really want / need this purchase to go through, is my focus on engineering survey the right one?
If you really need this to go through and the survey looks good, then it would be madness to try to haggle on the price. As above, there is likely to be very little between you and the next highest bidder.

You have agreed a price based on your viewing. Your engineers report will confirm to you whether or not to proceed. You plan to spend €50k on renovations anyway. I would not attempt to use an engineers report to knock a few €k off the agreed price.

Again, being pragmatic, if I was the seller and you attempted this, I would immediately pull out and go to the next bidder.
 
My gut tells me not to worry about the discrepancy in floor area, and to maintain focus on getting the engineering survey done.
Your gut is right. Leave it alone. None of this is worth if a for a few thousand. If this is still the house you want at a price you negotiated then plough on.

My current house was advertised by the EA as being 10sqm smaller than revealed by my survey (EA also omitted a bathroom in the daft ad). If the vendor had "noticed" this during closing and tried to bid up the price as a result I would have walked immediately!
 
Phase 1 should include all minor & major roof work so maybe a 25k phase 1 with 15k phase 2.but ideally you’d want all roof issues sorted in the first round of works
 
I was just making the point that having a similar regulation here might be better than relying on a self-regulation which obviously did not work in this case - quite a difference between 60m2 and 70m2
 
I was just making the point that having a similar regulation here might be better than relying on a self-regulation which obviously did not work in this case - quite a difference between 60m2 and 70m2
It's impossible to exaggerate for every petty deception. As always, caveat emptor.
 
You are overthinking this. You have seen the house in person and your are either happy to pay for it or you are not. Whether a piece of paper tells you it is 58/61/70sqm is not significant. Most people don't even have the spatial awareness to notice this anyway. It is hardly unsurprising that an EA over estimated the number but as far as you are concerned, the property is not changing in size.

At €150k, you have probably outbid the other buyers by €1-2k at most so very unlikely that there is any room to negotiate. Personally I think it would be foolish to bring this up with regard to the floor space


This one however, I would rely on the survey for your next steps. If there are major structural issues, you should walk away full stop. Being pragmatic about it, at €150k, do you think a seller will spend >€10-20k to sell to you or will they just move on to the next bidder and accept a slightly lower offer of €148k with no further hassle?


If you really need this to go through and the survey looks good, then it would be madness to try to haggle on the price. As above, there is likely to be very little between you and the next highest bidder.

You have agreed a price based on your viewing. Your engineers report will confirm to you whether or not to proceed. You plan to spend €50k on renovations anyway. I would not attempt to use an engineers report to knock a few €k off the agreed price.

Again, being pragmatic, if I was the seller and you attempted this, I would immediately pull out and go to the next bidder.
Great points @_OkGo_ thanks!
 
Your gut is right. Leave it alone. None of this is worth if a for a few thousand. If this is still the house you want at a price you negotiated then plough on.

My current house was advertised by the EA as being 10sqm smaller than revealed by my survey (EA also omitted a bathroom in the daft ad). If the vendor had "noticed" this during closing and tried to bid up the price as a result I would have walked immediately!
Thanks @NoRegretsCoyote !
 
In France, it is a criminal offence to misrepresent the floor area of a property being sold

Phase 1 should include all minor & major roof work so maybe a 25k phase 1 with 15k phase 2.but ideally you’d want all roof issues sorted in the first round of works
Thanks @Pinoy adventure! A rule of thumb I got from discussion with a roofing contractor, is that a full replace of roof is max Eur 200 per m2 (materials + labour), so at circa 30m2 and adding Eur 1500 for scaffolding for 3 weeks, I'm hoping an upper budget of Eur7500 should cover it. Can you give a bit more of a breakdown on the 25k - were you including doors, windows, insulation etc in that, in addition to roof? Hopefully it won't be necessary - eng survey can't come soon enough! If a new roof is needed, and it costs more that 10k to sort, I won't have the funds to do a full job before Oct this year. Definitely wouldn't be ideal - I certainly agree it would be best to sort all roof issues in the first round of works.
 
I was just making the point that having a similar regulation here might be better than relying on a self-regulation which obviously did not work in this case - quite a difference between 60m2 and 70m2
Thanks @jpd. I had real concerns about the 10m2 difference originally, but it seems it is something of a non-issue in the greater scheme, including current and future valuation. I think that is what a few folks here are alluding to. Certainly the purchasers EA I got to do my valuation assured me the value of this property is weighted primarily on location (town centre), the fact there are two decent sized bedrooms, a relatively large bathroom, and a decent sized back garden area. This was a lesson for me, and it is reassuring to hear the general consensus here is similar. I can only guess that floor area may be a much more important factor in France, perhaps because there are more appartments and this would be a key metric in the valuation - I haven't a clue, just surmising. Anyway, thanks for sharing your view, it's very helpful for me to get a rounded set of perspectives!
 
5. Is my 3-phase approach to renovations above a good one in principle?
I couldn't give any guidance on whether your pricing is good/accurate but I would question why you need to do it in 3 phases? Is it to do with access to finance. If this is an all cash purchase and renovation, then I can understand the need to spread them out but if you are taking out a mortgage to purchase the property then I would take a different approach.

For example, if you can borrow an additional €30k on your mortgage, then I would do Phase 1 & 2 together now and use your SAYE to make a lumpsum payment later this year when you receive it. In effect you are borrowing €30k at 3% or less for 6 months so it is a small cost ~€450 interest to move into your new home and have no disruption later in the year.

The renovations for Phase 2 could be disruptive enough to warrant moving out for a few weeks so on balance, the extra cost of interest to get it done now is good value. It also means that you can start a lot of the DIY renovations (eg. painting, furniture) that would probably have to wait until phase 2 is done anyway

I would even go so far as including phase 3 in your mortgage if you can and continue making lumpsum overpayments on your mortgage through 2023 to write it down to a comfortable level.

There is a lot of value in walking into a turnkey property with no headache of waiting over 2 years doing bits and pieces before it is up to the standard you want.
 
Thanks @Pinoy adventure! A rule of thumb I got from discussion with a roofing contractor, is that a full replace of roof is max Eur 200 per m2 (materials + labour), so at circa 30m2 and adding Eur 1500 for scaffolding for 3 weeks, I'm hoping an upper budget of Eur7500 should cover it. Can you give a bit more of a breakdown on the 25k - were you including doors, windows, insulation etc in that, in addition to roof? Hopefully it won't be necessary - eng survey can't come soon enough! If a new roof is needed, and it costs more that 10k to sort, I won't have the funds to do a full job before Oct this year. Definitely wouldn't be ideal - I certainly agree it would be best to sort all roof issues in the first round of works.

Perhaps,new roof,windows & doors and leave the insulation for now might be a better idea.
How many windows & exterior door/s would you be looking at ?
 
Perhaps,new roof,windows & doors and leave the insulation for now might be a better idea.
How many windows & exterior door/s would you be looking at ?
Thanks @Pinoy adventure. Yes I thought major wall insulation would be phase 2 alright. Roof / attic insulation I'd anticipate would be relatively affordable and worth doing with any roof work. Front door + back patio door + 7 windows.

Out of interest whats your own experience with renovations - as a homeowner or are you in the trade?
 
I couldn't give any guidance on whether your pricing is good/accurate but I would question why you need to do it in 3 phases? Is it to do with access to finance. If this is an all cash purchase and renovation, then I can understand the need to spread them out but if you are taking out a mortgage to purchase the property then I would take a different approach.

For example, if you can borrow an additional €30k on your mortgage, then I would do Phase 1 & 2 together now and use your SAYE to make a lumpsum payment later this year when you receive it. In effect you are borrowing €30k at 3% or less for 6 months so it is a small cost ~€450 interest to move into your new home and have no disruption later in the year.

The renovations for Phase 2 could be disruptive enough to warrant moving out for a few weeks so on balance, the extra cost of interest to get it done now is good value. It also means that you can start a lot of the DIY renovations (eg. painting, furniture) that would probably have to wait until phase 2 is done anyway

I would even go so far as including phase 3 in your mortgage if you can and continue making lumpsum overpayments on your mortgage through 2023 to write it down to a comfortable level.

There is a lot of value in walking into a turnkey property with no headache of waiting over 2 years doing bits and pieces before it is up to the standard you want.
Thanks @_OkGo_ lots of good advice there. Unfortunately I'm not in a position to be a cash buyer. I have a good long term stable job however choose to work part time, balance of my time working in the arts. My mortgage is a local authority home loan and I'm borrowing the full 90% allowable. Its fixed interest and there could be a break clause with each lump sum repayment. My AIP ends in a few weeks at which point I'd have to reapply meaning I'd not be in the market for 3 to 6 months, house prices would rise farther etc etc... I'm in my 40s so a 25 year mortgage term may become an issue in a few years, further limiting the amount I could afford to borrow.

Unfortunately my options are fairly limited so. While walk in condition would be ideal, this property I've gone sale agreed on would be a great relief, as long as its fundamentals are determined by the eng survey to be OK.

I think realistically I have to allow for the hassle and additional expense of moving out a few times to allow renovation work happen. It's not ideal but as long as the renovations stay to budget and schedule I'd deal with it.

Apologies for my litany of woes! Don't get me wrong I actually feel in quite a fortunate position to have gone sale agreed on what could be a great home all going well. However if this property is one I need to walk away from I will and I'm optimistic something else will work out. Just need to make wise choices about the somewhat limited choices I have.
 
Thanks @Pinoy adventure. Yes I thought major wall insulation would be phase 2 alright. Roof / attic insulation I'd anticipate would be relatively affordable and worth doing with any roof work. Front door + back patio door + 7 windows.

Out of interest whats your own experience with renovations - as a homeowner or are you in the trade?

Front &back door -€2000/3000 supplied & fitted.7 windows depending on spec about €3500 supplied and fitted.

Both,had a fair few years of renovation experience on our own home & homes of family members.
 
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