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Dodgy building regs certificate

8 replies

Mrtumblemustdie · 17/09/2017 06:48

We have just bought a flat which is in a house which was converted into two flats by the person from whom we bought it. We have found out that there are a number to things relation to the conversion which do not conform with building regulations. Some of them are to do with fire safety and some of them are to do with noise insulation etc. Confusingly, the building regulation certificate was passed by the local authority, so everything showed up fine when we were going through conveyancing. It now appears that a cheap conversion has taken place where none of the building regulation procedures have been followed and then the local authority have signed them off. We have contacted the local authority, but they are being evasive/non-responsive. Does anyone know if I can do anything about this?

OP posts:
Bovneydazzlers · 17/09/2017 06:52

I'm not an expert, but not sure you've got much recourse for this, they've signed it off, the sellers have got proof it's been signed off, I think if the council forced you to retrospectively change it, the cost would be on you.

kuniloofdooksa · 17/09/2017 07:15

When is the certificate dated? Is it possible that the building regs were different at the time?

It sound like it is possible that there was something dodgy going on. Possibly something like corruption in public office if the building regs official accepted a bribe to sign something off that shouldn't have passed.

What outcome do you want? You are the owner of this flat now and responsible for it. You either have to live with the shortcomings, rectify them at your own expense or attempt to sue someone for the costs of rectification.

What level of survey did you pay for before you bought? If you just had the basic valuation that is often paid for by the mortgage company then the valuer may not have even needed to go inside and wouldn't have had time to look for anything dodgy if they did. However if you paid for a home buyers survey then maybe that ought to have spotted some of these things you on discovered when you moved in, so you may have a case for negligence against the surveyor.

What is rectification going to involve? Is it just a case of replacing a door with a more expensive door and adding some insulation against a wall, or is the whole place plus the flat next door going to be uninhabitable for months whole being gutted to start again from scratch?

Mrtumblemustdie · 17/09/2017 08:04

Thanks kooniloofdooska. We had a full survey done before buying and this flagged up one of the non compliance issues, but we have since discovered more since we moved in. It seems that no soundproofing was done and there are interior walls where exterior walls should have been put up. It means that it is like we are sharing the property with the people who live upstairs, rather than living in separate properties. Since moving in, some of the neighbour's have told us how dodgy the previous owner was and it definitely looks like something untoward has gone on when getting the building regulation certificate signed off. I guess I just need to know whether there is anything we can get the council to do retrospectively. There is no way that the building regulation certificate should have been signed off in the first place. We will definitely have to do remedial works, but I would like some compensation if we can get it, as this is going to be expensive.

OP posts:
Mrtumblemustdie · 17/09/2017 08:05

The conversion was done 5 years ago

OP posts:
kuniloofdooksa · 17/09/2017 08:42

The council's responsibility will be to find out if one of their officials is corrupt or incompetent and start disciplinary procedings if necessary. They won't do anything about rectification other than issuing you with formal notification that your property is not compliant and obliging you to put it right. You'd then have to sue the vendor and/or your surveyor to get funds for the rectification.

Your case against the surveyor will be weak because they highlighted one noncompliance issue with you and you went ahead with the purchase anyway. They therefore did their job in that regard, and you would find it tough to argue that you wouldn't have gone ahead if they had spotted the other issues.

To get the vendor to cough up you would need to prove they were complicit in obtaining a building certificate through bribery or corruption. If there is a chance they were issued it through incompetence you won't be able to prove this. It's possible that the vendor was ignorant of the dodgy goings-on and it is his builder who is to blame.

I'm not a legal expert, so do consult a solicitor for proper advice, but I am not hopeful.

WhatwouldOliviaPopedo · 17/09/2017 08:44

I would go back to your solicitor who handled the conveyancing and see what they say, because they obviously have a vested interest too. I'm surprised your surveyor didn't pick up on the walls being incorrect if you had a full building survey done.

mooneypie · 17/09/2017 08:50

Could it have been forged?

Caprimulgus · 17/09/2017 09:33

We had a similar situation. I learnt a lot.

A building regs certificate does not tell a buyer that the work meets building regs, or even that it met them at the time it was signed off. It tells you that the council has signed it off and will not ask you to pull it down / return to previous configuration.

The building regs, or particularly the guidance that councils and inspectors follow, include massive loopholes, like 'inspection of a significant proportion of the work', 'inspection will take place as far as reasonably possible' etc. The inspector will state that they inspected at two or three key stages in the process (when floor and roof support were visible, when final coverings in place) and that, as far as they could reasonably ascertain, things were ok - not necessarily great, they may have advised on possible improvements, but adequate.

There is no relationship in law between you and the buildings inspector. Their relationship was with the person to whom they issued the certificate. Thus you cannot claim damages against the council or inspector (many are private contractors now, with final sign-off by the council). We went all the way to the local authority ombudsman to be told this. (The council admitted it hadn't been their finest hour but no liability).

Thus, certification can help protect householders from dodgy builders. It does a very bad job of protecting dodgy DIYers, and their families, tenants etc, from themselves.

Especially so given that the builder / DIYer can avoid proper inspection by missing appointments, covering up poor supports and insulation by plastering over before inspection, not providing scaffolding or other access at the time of inspection. Yet, if they meet the most basic (in my view inadequate / inadequately enforced) requirements of the process and the inspector makes a 'reasonable effort' to inspect, a certificate will be issued.

So, there's carte blanche for dodgy DIY developers to do shockingly bad work to sell on.

Your best recourse is with your surveyor and your solicitor. They have professional indemnity insurance - so the ability to pay out if found wanting, or more likely in an out of court settlement, based on their solicitor's view of the likelihood of their being found liable if the case went to court.

If the work was done by a builder, who provided a guarantee, you should turn to them. If the previous owner did the work themselves, then however responsible you believe them to be, there is little point taking action against them (unless you feel so outraged on principle that you're willing to lose money on this), as any award against them will be difficult to enforce, via the usual civil route of endless demands, bailiffs etc and they could easily never pay you.

Your conveyancing forms should contain a question about whether any work was covered by a guarantee. If the answer was no, your solicitor should have drawn this to your attention. If you gave the solicitor a copy of your survey (not just showed and talked through, gave - we fell foul of this difference) you have some potential comeback with them.

Your best route is likely to be with your surveyor. This very much depends on whether they followed RICS guidance, what they said in their report, how it could reasonably be understood and how you responded to it. Remember they cannot survey things they cannot see e.g. insulation behind plaster. But, if there are defects visible, that you think they could have seen, which they didn't note and which should have led them to believe there could be bigger problems in unseen areas, you may have a case.

In the first instance, invite the surveyor round, show them the issues, listen carefully to what they say and take notes. If not happy, start down their complaints procedure. If no joy (and before committing to any formal process such as mediation) find a good litigation solicitor willing to act on a no win no fee basis if possible, show them your documented complaint and see if they think you have a case.

We did all this and eventually settled out of court with the surveyor's insurer. Our surveyor had mentioned one minor defect and recommended investigation of this but had put a very small estimated figure for remedial work against it. Arguably we should have investigated before purchase and doing so would have shown up bigger problems. We took his word for the minor nature of the repair instead. That failure to inspect could have scuppered our case but it didn't. There were other things he should have noted and, it turned out he wasn't following RICS guidance on the content or level of detail offered in his report. If he had, other possible issues or at least uncertainties would have been mentioned.

Good luck Flowers

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