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Can't get building completion cert. What to do?

10 replies

Hairydogmummy · 28/08/2019 09:19

I posted a while back on this but seems the situation is harder than I thought...our extension was finished 18 months ago but the builder never arranged the building completion certificate. We were quite relaxed about it at first as we had not paid the final £1000 and there were a few snags that needed doing and he was down the road doing an extension at our neighbour's. A few months ago I got fed up of the 'I'll come and sort it' broken promises so arranged the final inspection myself. All was fine apart from me not having job completion certificates for the electric and gas work which the builder had subcontracted. I can't get building regs without obviously. I thought if he's not playing ball I could get other contractors to check and certify the work but it turns out that's not possible. I've phoned the council, other contractors, Gas Safe and the IECC but no one can offer me a solution apart from getting the original contractors back but the builder is still not keeping his promises. He does answer my calls but doesn't do anything and I dont know what to do next! Do I threaten him with court or something?

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MarieG10 · 28/08/2019 09:26

I don't know about gas, but if he used a registered electrician, then the work has to be recorded via an online portal. Do,you know who did the gas and electric work and approach them direct?

I'm sorry you are in this position but it never ceases to amaze me just from threads on MN how many people pay virtually the whole amount on building work without certificates being completed and a period of time for snagging. A 20% holdback is not unreasonable for a month after final building control certificates are completed so you know you have them and you have time for snagging.

Does your building inspector have any advice? If not, then you will be totally stuffed when you come to sell the house unless you keep it for 20 years!!

Hairydogmummy · 28/08/2019 09:34

Stupidly, I only know the first name of the electrician and plumber. I do have contact details for plumber but he's ignoring me now even tho I had him over for a couple of other unrelated jobs afterwards. I can't believe I was so silly. I know they're meant to register the jobs but from what I can gather they didn't and because I don't know surnames, Gas Safe can't find them. I reckon builder paid them cash and they did it under the radar and failed to register job. Obviously 1k isn't enough of an inducement for the builder to get things sorted. Tbh I was only really thinking of the snags when I kept such a small amount back. I forgot about the building regs.

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Hairydogmummy · 28/08/2019 09:36

Oh and we do want to sell in a couple of years. I know you can indemnity it but that won't go down well with buyers when it's only been done a few years ago.

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whatsthecomingoverthehill · 28/08/2019 10:10

I'd be saying you will take them to small claims court if they do not provide the certificates. Otherwise you will need to get someone else in to redo it so it can be signed off. (Small claims courts are normally pretty good at being on the home owner's side).

MarieG10 · 28/08/2019 11:14

The responsibility for the gas and electric certs are the builder as he engaged them as contractors. As is the building control certificate.

I think the only option is to look at legal action, however, you will,have to quantify the cost or loss to you to put the situation right. I don't have any experience but if you can't get the electrics and gas signed off, which doesn't surprise me as what sane contractor will certify another's work, I suggest you get gas and electric contractors in and ask what it will take to get them to certificate the work, which may include having the gas and electric redone, but that will incur cost and mess. That will amount to part of your claim against the builder which depending on the claim could be done via the small claims court.

Check with building control and be totally clear with them what is outstanding (get in writing)

Is your builder a limited company? If so then the claim is against the company and not the person. Check the company accounts at Companies House which is free.

You don't have an option not to sort this out as the house will be either unsalable or have be sold at such as discount you will get clobbered financially

Hairydogmummy · 28/08/2019 12:29

Thanks @MarieG10 I was wondering what we'd actually be suing him for if we had to take him to court but that makes sense. I guess if we did have to have all the electrics redone it could be more than small claims..isn't the limit £500? The gas was only a pipe coming under the floor for a gas hob though actually if that to be redone the floor and kitchen might have to come up/out as hob is in island unit. I don't think he's taking it seriously at the moment so I think we will have to get serious with him now. Don't think is limited company. He's not VAT registered. Really don't get why he's being like this over it. When we've had a couple of issues relating to the building he's been straight round and sorted it. On one occasion getting on the roof in the pouring rain because some flashing had come away and it was leaking.

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MarieG10 · 28/08/2019 14:25

Small claims court limit is £10k.
Yes, the claim would be the cost of removing existing fittings, redoing the work and making good, ie plastering and then reinstating the floor and anything else, such as decorating.

If over £e is the money claim on line service but if you are only just over then probably better to restrict the claim to £10k

If he isn't limited company, you really improve your leverage as any judgment will be against him personally and means it will sit with him for any financial loans or potential customers checking him out

MarieG10 · 28/08/2019 14:26

Sorry, meant if the claim is over £10k

EdtheBear · 28/08/2019 14:42

I'd go down the route of calling other Electricians & Plumbers and ask if they will inspect and certify.

Beware I'd try to get somebody recommended to you first as you could effectively be giving them an open cheque.

Or get one to certify and somebody else to carry out the works. Therefore limiting the risk of them adding unnecessary work.

Hairydogmummy · 28/08/2019 21:18

I've had a call from him today claiming that the electrician is going to email me the certificate tonight...apparently he sent it ages ago but must have gone in my junk mail? And he put his phone through the wash so doesn't have plumbers phone number any more. I've now sent it to him. I reckon he's still fobbing me off. Thanks for all advice will email him threatening this if I've not got the certificates by the end of the week.

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