buying a house without a building regulations completion certificate
Buying a House Without a Building Regulations Completion Certificate
You have found the property you want to buy. Your offer has been accepted. Then your solicitor discovers that alterations have been carried out without a Building Regulations Completion Certificate.
Don't panic.
A missing certificate does not necessarily mean that the work is unsafe or that you should withdraw from the purchase. It does mean that you need to establish exactly what work was carried out, whether Building Regulations approval was required and what, if anything, needs to be done before you proceed.
First: Find Out What Is Actually Missing
At B R A Consulting, we can investigate the Building Regulations position and advise you on the practical options before you commit to buying the property.
A missing Completion Certificate can mean several different things.
Building Regulations approval may never have been obtained.
An application may have been made and the work inspected, but the final inspection may not have taken place.
A certificate may have been issued but subsequently lost.
The particular work may not have required Building Regulations approval at all.
These are very different situations, and regularisation is not automatically required simply because a certificate cannot be produced.
An extension may look perfectly satisfactory while concealed structural work, insulation or fire protection cannot be seen. A loft conversion may have been used for years without anybody establishing whether the structure, staircase or means of escape complied with the applicable requirements.
What Should You Be Concerned About?
Building Regulations deal with matters including structural safety, fire protection, insulation, ventilation, drainage, electrical safety and other aspects of construction. The absence of a Completion Certificate therefore raises a more important question than simply whether a document is missing:
Does the work actually comply with the Building Regulations?
This is why the problem should be understood before deciding how to deal with it.
What About Building Regulations Indemnity Insurance?
Your solicitor may suggest indemnity insurance, though it’s up to the lender to accept them or not.
An indemnity policy can sometimes address certain financial or enforcement risks arising from missing Building Regulations approval, and whether it is appropriate is a matter to discuss with your conveyancer.
However, an indemnity policy does not establish that the building work complies with the Building Regulations, and some lenders are particular about this and won’t necessarily accept a policy.
If you and your lender’s concern is whether the extension, loft conversion or alteration has actually been constructed properly, that is a different question.
Can the Work Be Regularised?
Where qualifying building work was carried out without the necessary Building Regulations approval, it may be possible to apply retrospectively for a Regularisation Certificate.
Regularisation is dealt with through the relevant building control authority. The work may need to be inspected, and parts of the construction may need to be opened up so that concealed elements can be assessed. If defects are identified, remedial work may be required before a certificate can be issued. Government guidance confirms that regularisation is available for qualifying work carried out after 11 November 1985.
Find out more about our Retrospective Building Regulations and Regularisation Certificate service.
Should You Buy the Property? That depends upon what the investigation reveals. In some cases, the problem is simply missing paperwork. In others, further investigation or retrospective approval may be sensible before exchange. Occasionally, significant remedial work may be required. The important thing is to know before you buy.
A Building Regulations problem discovered after completion becomes your problem as the new owner.
How B R A Can Help Before You Buy
If your solicitor or surveyor has identified missing Building Regulations documentation, send us the information you have received together with details of the property and the work concerned.
We can review the Building Regulations position, identify what documentation exists or may be required, and advise on the practical route forward.
Sometimes a Professional Opinion Letter from BRA Consulting may be required to satisfy the parties.
Where regularisation is necessary, we can manage the process from assessment and drawings through to liaison with Building Control and the issue of the Regularisation Certificate.
Buying a property with missing Building Regulations paperwork? Contact us HERE before you proceed.
