Last minute enquiries from Buyer's solicitor

[Alibunker88]

I'm really hoping somebody can help.
We are in the process of selling our home which was purchased off-plan from Barratt back in 2013.
We were all set the exchange contracts when we had some last minute enquiries from our buyer's solicitors.

First enquiry below:

"We note the property is less than 10 years old. Please provide planning permission, building regulation approval and certificate of completion of works, NHBC guarantee and any Section 106, 38 & 104 agreements"

The only document listed above that I have any knowledge of is the NHBC guarantee which I have now provided to them. But I am stuck on the others. I have been back to them and said I have provided everything I have but they claim I should have it all as the only owner since the house was built. I definitely never received anything relating to Section 106, 38 or 104 agreements or received Planning Permission/Building Regulation approval documents and can't understand why I would have.

How do I go about providing them with what they need?

Second enquiry:

"Our local search reveals that the road is not adopted and therefore a private road. Please deal with following points:
1. Please confirm who owns and maintains the road
2. Please supply evidence of a legal right of way
3. Has the seller ever been called to contribute towards repair and maintenance
4. Is there an Access Indemnity policy in existence?
5. Please supply Statutory Declaration appertaining to the uninterrupted use of the private road for our approval."

I am aware that the estate roads have not yet been adopted - this is an ongoing dispute between the developer and the council over some outstanding remedial works. Residents have pushed multiple times for these works to be completed but we have no definitive timescales.

How do I go about providing the documentation they have asked for?

Any help would be much appreciated!

Cheers,

Ali

[New Home Expert]

I find it reassuring that your buyer's solicitor is doing such a professional and thorough job.
Or perhaps, is he just lazy expecting you to find all of this for him? 
That said, it should be your solicitor he is dealing with and/or your solicitor putting together the paperwork required.

Building Regulation final certificate would have been passed by whoever inspected for Building Regulation compliance
I suspect given it is Barratt, that this was also performed by the NHBC.  Barratt will have copies of the CML completion certificate too. After 8 years I think everyone could assume the home was actually fully completed!

Planning permission is available from the local authority.

Section 38 agreement is for the adoption of roads. Quite why the solicitor on the one hand asks for this and on the other, asks for details of maintenance assuming non adoption means never adopted.
You perhaps need to be aware that after nearing 8 years, the roads are still not taken over by the council, it may cause a problem with your sale.  Furthermore, by now the council should have used the bond and completed whatever works required to bring the road to adoptable standards and taken it over.

Section 106 agreement is for provisions in return for planning approval such as a financial payment to the council and affordable housing provision on the development, public open spaces.

Section 104 agreement is for adoption of sewers by the water authority. No doubt this is also under dispute and may even be the cause of the roads not being adopted yet.