Scheme Map issues

P

pmc123

Registered User
Messages
12
Any help appreciated on this one...

I recently put a deposit on a new house but the vendors solicitors are refusing to furnish a scheme map to my solicitor. It will be provided - they say, as soon as they get it - but not before I sign the contracts, which I'm being pressured to do. I've been advised that this could lead to problems down the line. Anyone have any experiences like this and, if so, how did it pan out?
 
We had a problem with scheme maps for a new build too. We were due to close on a certain date - had arranged for the funds to be with our solicitor, deliveries scheduled for later that same day and at the last minute our solicitor advised that the builders solicitor did not have the scheme map - we were also put under pressure to close but our solicitor advised us not to. I also asked the question here and was advised not to close without the scheme map. The EA was also on the phone to us at the same time and was telling us that all the other houses had closed with an undertaking that the scheme map would be provided - I doubt this very much because we took posession in early March and only 1 other house has been occupied this week - all the others are still empty! Stand your ground and don't close until your solicitor has the scheme map!
 
the EA will say absolutely anything to get paid .

the scheme map is important because your solicitor cannot possibly confirm that the property you think you are buying IS the property you think you are buying unless you first check the scheme map .

number 14 The Scheme could have mysteriously renumbered to number 22 the scheme for example. Scheme numbering is not part of the planning process.
 
We had a similar problem on a second hand property we were buying. A map of the property was provided by the vendor's solicitors, but it was incorrect (excluded the back garden). I pointed this out, but we went ahead and signed contracts as our solicitor said he marked the contracts as being "subject to provision of satisfactory map".

The correct map eventually turned up (and it turned out that the incorrect map was issued by the builder's solicitor when the original purchase was made 3 years ago!).
 
In a new housing estate it is relatively normal (and I would say it is even good practice) for the scheme map not to be available at contract stage. My normal procedure when selling housing estates is as follows:

1. For contracts, we use the estate layout plan as submitted for planning.

2. When foundations are in and boundary walls built (or at least when the work is substantially advanced to the point that it is obvious where the walls will be) we get the site surveyed and the scheme map prepared.

The advantage of doing things this way is that the scheme map is prepared by reference to what is actually there on the ground. In other words, the physical "as constructed" reality determines boundaries and the scheme map is prepared to reflect this. This approach gives rise to fewer problems in the long run.

The alternative is to have the scheme map prepared at the outset and then ensure that everything is built in exact conformity with this. This is less practical: it can often happen that sites will be slightly realigned in the construction phase.

Of course, the scheme map must be made available before the sale is completed. It is not acceptable to close a transaction on the basis that a scheme map will be produced later (I have done it in the past, but was never very happy doing it). However, I would not be overly worried about its non availability at contract stage, esp. if the foundations of the house are already in and the location of the future boundaries is clearly discernible on the ground.
 
Thanks for the help - appreciate it...... but the problem continues. There's a solid refusal to provide the scheme map and an unwillingness to even guarantee that the map will be "ready" by the time we close.

Just to clarify: the house is built and nearly finished - the garden has a wall around it and the gaff is almost ready to move into. Still no scheme map.

Getting jumpy at this stage, especially when the next phase of the development is about to go on sale and the price looks set to jump. Surely the vendors aren't holding back on the scheme map issue in the hope that I back out ... so they can sell the house to another buyer at a significantly higher price? Nothing would surprise me at this stage.

Again, any advice welcomed. thanks
 
pmc123 said:
Thanks for the help - appreciate it...... but the problem continues. There's a solid refusal to provide the scheme map and an unwillingness to even guarantee that the map will be "ready" by the time we close.
Click to expand...

I would write back to them and say (roughly)

I have map from planning.

I need to confirm that this map is generally what was built and that what is built is broadly compliant with planning.

You wont provide me with any information . Therefore I will hire an engineer myself. He will give me an opinion after he has been on site.

You will pay his fees .
 
You must log in or register to reply here.
Back
Top