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Does anyone know anything about building regularisation certificates?

20 replies

suebfg · 09/06/2013 20:16

Does this provide assurance that the extension isn't a hazard and would satisfy future buyers?

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doglover · 09/06/2013 20:21

Will be following this avidly because we have just been informed that our potential next home hasn't been signed off by the Building Inspector and will require a building regularisation certificate. What doe this entail? Cost? Time?

suebfg · 09/06/2013 20:22

It certainly adds time - it has held up our house purchase by 2 months and still isn't resolved. Depends on the extent of remedial work required.

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doglover · 09/06/2013 20:24

Groan

suebfg · 09/06/2013 20:35

Looks as if it can result in a limited certificate being issued i.e. you could wait for the regularisation only to find out that not all works are signed off ...

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doglover · 09/06/2013 20:37

We hope our solicitor will provide more detailed information tomorrow about this situation.

lalalonglegs · 09/06/2013 20:43

You need to get the building inspector to come along (nb: only local authority inspectors can sign off retrospective work, you can't use private companies). If you're lucky, the beginning of the inspection was started at the time of the work so the inspector will have seen the bones of the work (such as foundation depth etc) - if not, you will have to dig trial holes so that s/he can see that the foundations are at the correct depth or plaster will have to be chipped off to show the RSJs are correct size and correctly fixed. The building inspector will then recommend what work - if any - needs to be done to make the work compliant and sign off when this work is completed.

It depends on the work but a loft conversion, say, done many decades ago may be nigh on impossible to regularise without completely starting from scratch as elements such as RSJ sizes, fire controls, insulation and head clearance have all changed so much since then.

doglover · 09/06/2013 20:50

Thanks, LLLL, that's really useful. We know that there is an issue with an internal fire (?) door from the garage (stud wall) into the house. The irony is, one of the first things we want to do is change the internal layout, removing the wall/door to be replaced by a solid block wall.

suebfg · 09/06/2013 20:51

Hi, the building control people were never involved. This is a house we are looking to buy and the vendors are going through the process of obtaining regularisation. It is an attic conversion on a modern house done in the last fifteen years.

My concern is if a regularisation certificate is obtained, would that satisfy future buyers if I do buy the house and look to sell on at a later date?

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EleanorFarjeon · 09/06/2013 20:54

You can only apply to regularise work done since July 1985.

If you get a completion certificate on a regularisation, this is enough for future sales.

I am a BCO, btw.

suebfg · 09/06/2013 20:57

Thanks EleanorFarjeon. I've heard that limited certificates can be issued - does that happen often? Also, in the case of an attic conversion, what would be checked by Building Control?

Thanks :)

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lalalonglegs · 09/06/2013 21:00

If that's the case, doglover, I would suggest reducing your offer as significantly as you dare on the basis that the house doesn't have building regs certificate and then do the work that you want to with the money that you have saved (if it is a question of the mortgagee not lending on the house without this work being in place, see if they will consider a retention against the work).

suebfg - yes, the certificate should satisfy any future buyers, it says the work is up to standards required. I just wonder how easy it would be to regularise a conversion done 15 years ago as, my understanding is, the work would have to measured against today's standards not those of 15 years ago and, as mentioned earlier, requirements such as insulation have changed a lot.

suebfg · 09/06/2013 21:02

The vendors are having to do some remedial works but I think they are assessed against the standards at the time the works were done. Not sure on this though!

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Lioninthesun · 09/06/2013 21:05

Fire doors/windows, fire escape etc I think for attic.
Insurance may also be affected so worth doing it all properly.

doglover · 09/06/2013 21:11

Ok, LLLL, is this something that our solicitor will be able to advise us on? Should we suggest this as an option to her?

suebfg · 09/06/2013 21:18

doglover, the other side's solicitor may propose an indemnity policy but they aren't worth the paper they're written on as they don't cover you for the real risk - which is that the works were substandard.

Your lender may not be prepared to proceed without a certificate.

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lalalonglegs · 09/06/2013 21:19

Find out who is requiring the certificate first: is it your solicitor dotting i's or is it your mortgage lender refusing to lend unless this work is signed off. If it is your solicitor being thorough then it is much easier to work round it: just explain the situation to her and say that you want to use the circumstances to negotiate the price down. She can then speak to their solicitor and negotiate on your behalf.

If it is your lender wanting the certification then you might be stuck as they tend to be quite black and white about these things. If you have a broker who knows people at that particular bank, it might be worth getting him/her to speak to the lender, explaining that you want to sort this out yourself. The lender can then withhold x amount of the loan until this work is done and, again, you negotiate with the sellers on this basis.

EleanorFarjeon · 09/06/2013 21:34

suebfg - We'd want details of the steelwork, so would probably ask for structural calculations. We'd expect to have some elements of the works uncovered to look at eg bearings, trimmers, thickness of insulation. The rest is pretty straightforward - ie fire doors, smoke alarms, headroom (on stairs only).

suebfg · 09/06/2013 21:41

thanks!

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doglover · 10/06/2013 09:33

I emailed our solicitor last night so will hopefully hear more details today. Thanks again for all replies.

doglover · 10/06/2013 17:12

Today's update ........................................... Our EA phoned to say that the vendor, on receiving the letter about the building regs, has contacted Building Control. He's asked for a visit to ascertain what needs completing so certification can be gained. Hopefully, this prompt action will mean that things won't be unduly delayed.

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