Electrical survey required for house sale?

Apologies if this is something I should be able to find easily with google, access blocked from work but I can get to usenet from my phone!
Just had concerned phone call from my MiL. We're in the process of swapping houses, we're buying her's, she's buying ours. We're trying to do the transaction as cheaply and quickly as possible.
Her solicitor has told her she needs to get an electrical survey done on her house before she can sell it. Cost about £60. So far our solicitor has not asked for one to sell our house. Clearly for £60 it can't be a very detailed survey - just visual check I think.
Does anyone know if this survey is actually a legal requirement, or just an over enthusiastic solicitor?
Alan.
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"AlanD" wrote in message

--
Are mortgage companies involved? Maybe they have dictats?

AWEM


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We have a mortgage, she doesn't. As far as I know the solicitors haven't spoken to each other yet, so I think it's unlikely our mortgage co is insisting on it. They did want a valuation survey, which was done last week.
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On Mon, 12 Nov 2012 14:48:44 +0100, AlanD wrote:

This a private sale, do what you want not what the conveyancing solictors try to insist that you need. Both of you are aware of the properties and their short comings, if any. There is no need for searches, certificates etc. The only thing to check is that either of you are actually legaly allowed to sell. Is MiLs house actually in her name and not FiLs...
You don't need two solictors either, just one to make sure the Land Registry forms and other legal stuff is all done properly/correctly.
Mortgage companies might geta bit sniffy as it's not normal and the ordinary clerks will be out of their depth and not know what to do.
On the money side only a balance needs to change hands not the full sums in both directions. This may have interesting implications with Stamp Duty (like you might be able to avoid it...).
--
Cheers
Dave.




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I tried to use one solicitor for us both but they wouldn't play - 'conflict of interest'... Only potential issue is that her house was originally bought with FiL - who is no longer with us. She has death certificate and will etc however.
Both solicitors insist on 'normal' sell/buy transaction, with fees for each. No doubt full sum of money will go both ways, as is tradition.
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On Mon, 12 Nov 2012 21:23:55 +0100, AlanD

Of course they would. By gad, you couldn't expect them to pass that up, could you?
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On Mon, 12 Nov 2012 21:23:55 +0100, AlanD wrote:

I can see that problem as they are treating the "sale" as a normal conveyance but this isn't it's an asset swap. Agree on values, swap the ownership details on the Land Registry and transfer a balance (if any) in the appropriate direction. Mortgage companies might not like it and will want valuation surveys but at the end of the day there is still an asset protecting the loan.

That is what I was thinking. If the Will was drawn up correctly there shouldn't be any problems.

I think you need to find another solicitor that doesn't want to treat the process as two "house sales" just an asset swap. When my sister and I "sold" our 1/3 shares in my late fathers house to our other sister we just used one solicitor and didn't bother with the bureaucracy(*) that surrounds an ordinary house sale.
(*) The only thing I can think of that *has* to be done is changing the names on the Land Registry and thinking of a figure to give them for the value, which might lead to avoiding/reducing Stamp Duty.
--
Cheers
Dave.




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On Mon, 12 Nov 2012 23:46:11 +0000 (GMT), "Dave Liquorice"

And, as it's a simple transaction with no contentious issues, sack the solicitors and do it yourself. The Land registry site is very clear, has all the forms available for download and the staff are very helpful. (After all, the original intention of the Land Registry was to make property transfers simple and remove lawyers from the process.)

If the house was held as a beneficial joint tenancy, ownership will transfer to the surviving partner automatically; a will is irrelevant. The LR will need to see the death certificate on transfer though.

Solicitors have just managed to make the sale of my parents house fall through after 4 months of serial incompetence, by trying to insist on first registration of the property before transfer. A completely unneccesary step, but one that would have got them an extra 500 in fees.
The first registration has now been done by us. It's a very simple process which took about half an hour to fill in the forms. They were at the Land Registry less than 24 hours after they were recovered from the solicitor and given a brief examination by a very helpful person who confirmed my views that the issues that the solicitors were raising as problems were complete non-issues.
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Doesn't voluntary registration involve the same* scale of fees that rise according to the value of the property (not the value of a transaction) so that registering a house that hasn't existed on the register can cost many hundreds of pounds whereas doing nothing (other than keeping the deeds secure) and letting it get registered when it needs to be, with the costs falling on the purchaser, make a far better solution?
* They offer somthing like 75 quid discount iirc for voluntary registration.
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On 12/11/2012 19:46, Dave Liquorice wrote:

Solicitors are no longer allowed to act for both parties.
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Regards Peter Crosland

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On Tue, 13 Nov 2012 20:08:07 +0000, Peter Crosland wrote:

But this is an "asset swap" not a full marketed house conveyance sale between complete strangers. It's a mostly paperwork excercise and the only reason to have a solictor involved is to (hopefully!) make sure the legal paperwork is done correctly. It's not rocket science but silly mistakes can be very expensive further down the line.
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Cheers
Dave.




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Or a solicitor who has a mate who is an electrician and looking for work?
A quick Google couldn't find anything about legislation. It is normally very sensible to get a survey of the property, including electrics and plumbing, before a sale but I do not believe that this is a legal requirement. IIRC you do have to have an energy assesment.
The following site http://www.infraredhomediagnosis.co.uk/faq.html says
"Since the amendments to the wiring regulations in 2008 many homes fixed wiring installations now do not comply with the current regulations. The requirement for Periodic Inspection Reports (PIR’s) have continued to develop with legislation that now requires that every home for sale in the UK Requires the home owner to declare when the property was last electrically tested and with let properties requiring a periodic inspection report also, any potential buyer or tenant may try to haggle and renegotiate prices with you, if they even put any offer in at all!"
which reads like semi-literate scaremongering to me but doesn't mention that a report is mandatory. Given the general tone I would expect then to highlight it if there was a mandatory requirement.
I am also not sure about rented property requiring a periodic electrical inspection - I know you need an anual gas safety check but AFAIK there is no such electrical requirement.
Cheers
Dave R
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David WE Roberts wrote:

Well, almost 100% of homes' wiring will not comply to the *current* regs as they will have been wired to comply with the regs current at the time the work was done. It bno way means that you have to rip out the entire house to comply with regs that have moved on since, just that whatever work is done *once the regs have changed* are compliant to *whatever regs are current at the time the work is done*.
JGH
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It is bollocks. Houses being sold need no certification of their electrical installation, and rented houses do not need to have a 'PIR', well, they couldnt have one anyway, as there is no such thing as a PIR now, it is an Electrical Installation Condition Report.
To the OP, unless the mortgage company require a report, dont bother. 60 will get you FA of a report. It will be a quick look at the fusebox/CU, possibly bonding, and a quick look at the socket outlets. Nothing other than a visual 'inspection'. Utter waste of time and money. To their discredit, NICEIC actually supply forms to fill in for a Visual Inspection Report. It is money for nothing, and tells you nothing about the safety of the installation.
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A.Lee wrote:

About the only time a VIR is of any use is when you have a valid EICR and there is a change of tenant.
--
Adam



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On Mon, 12 Nov 2012 14:20:52 +0100, AlanD

Your MIL has an incompetent or lying conveyancer (almost certainly a solicitors clerk, not a solicitor). If you market a house you need to have an Energy Performance Certificate before you can put it on the market. Apart from that there are no requirements for any surveys.
If I were you I'd do it myself. Transfers of registered property are dead simple; the only fly in the ointment is that there's a mortgage involved and the mortgagor will probably insist on a conveyancers involvement. For a transaction between trusted parties there is no need to employ 2 conveyancers.
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wrote:

It looks as if you may need to provide an EPC when a property is sold, even if it's done privately, in which case both properties would need one.
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Ok, if I get asked for one will arrange that. Any idea of the cost to expect?
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On Nov 12, 3:33pm, AlanD wrote:

"from" 35 at http://www.justepc.co.uk / 47.99 fixed at http://www.nationwideepc.com /
Owain
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On 12/11/2012 17:46, Owain wrote:

Thanks, booked with NationwideEPC.
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