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Building regulation certificate - I’ve messed up

9 replies

SheWouldNever · 02/03/2021 20:45

Feeling really stupid right now and worrying that this will massively cock things up for our house sale. Bear with me, this is a bit long to explain:

Our chain was meant to exchange today or tmw, but during their final checks, our buyer’s solicitor has asked for a building certificate that we don’t have.

I sent all our certificates promptly in the first few weeks of the Conveyancing process. Building control, electrics, gas safety, windows etc.

We did an extension and renovation 5 years ago, at which point I was pregnant and then had a newborn, so I left my husband to deal with building control. We got the certificate and I remember thinking “Great. That’s the final bit of the renovation ticked off, don’t have to think about that again now!” But it turns out that the work wasn’t all covered under one certificate, we are actually meant to have two (one for the extension, and another one for removing a load bearing wall and taking out a chimney breast). The other completion certificate was never issued. We never chased it as we didn’t realise it was a separate application until it came up in our buyers searches and the solicitor asked for the other certificate.

The same building control officer came out to inspect all the work. And the chimney and load bearing wall was actually finished before the extension, so we know he would have signed off on it, it was the first thing he inspected and he was back several times after that to inspect the extension. it seems he just forgot to process it, and we never chased it up. We have a very long email paper trail where he asks questions about that part of the work and concludes that he has seen all he needs to.

To make matters worse, on top of covid, the council is in financial crisis at the moment, building control are not taking phone calls. I emailed to request the completion certificate, and have been told that there isn’t a completion certificate as the work was never signed off and we’ll need to arrange a site visit in order to get the work signed off.

The building control guy in question no longer works there unfortunately. I’ve asked them to go back and look at the paper trail so they can see that someone has already been out to visit the site (5 year ago!) numerous times and already inspected that part of the work....what are the odds of this getting resolved any time soon or have we inadvertently messed up things for the entire chain (who need to complete in the next few weeks)?

OP posts:
lisam78 · 02/03/2021 21:11

We had a similar issue last November, and I was really worrying about it. However, once I finally spoke to building control (all wfh), the process was straightforward. We had to reapply for our building warrant, which was granted immediately, then apply for our completion certificate. The site visit was carried out remotely, on Skype. The only other thing we needed was an up to date electrical compliance certificate, which involved calling a local contractor to come out and test the electrics. The completion cert was emailed out within a week. Was a much easier process than I imagined, and didnt hold up our sale.

DevilDamo · 02/03/2021 21:14

@SheWouldNever

Feeling really stupid right now and worrying that this will massively cock things up for our house sale. Bear with me, this is a bit long to explain:

Our chain was meant to exchange today or tmw, but during their final checks, our buyer’s solicitor has asked for a building certificate that we don’t have.

I sent all our certificates promptly in the first few weeks of the Conveyancing process. Building control, electrics, gas safety, windows etc.

We did an extension and renovation 5 years ago, at which point I was pregnant and then had a newborn, so I left my husband to deal with building control. We got the certificate and I remember thinking “Great. That’s the final bit of the renovation ticked off, don’t have to think about that again now!” But it turns out that the work wasn’t all covered under one certificate, we are actually meant to have two (one for the extension, and another one for removing a load bearing wall and taking out a chimney breast). The other completion certificate was never issued. We never chased it as we didn’t realise it was a separate application until it came up in our buyers searches and the solicitor asked for the other certificate.

The same building control officer came out to inspect all the work. And the chimney and load bearing wall was actually finished before the extension, so we know he would have signed off on it, it was the first thing he inspected and he was back several times after that to inspect the extension. it seems he just forgot to process it, and we never chased it up. We have a very long email paper trail where he asks questions about that part of the work and concludes that he has seen all he needs to.

To make matters worse, on top of covid, the council is in financial crisis at the moment, building control are not taking phone calls. I emailed to request the completion certificate, and have been told that there isn’t a completion certificate as the work was never signed off and we’ll need to arrange a site visit in order to get the work signed off.

The building control guy in question no longer works there unfortunately. I’ve asked them to go back and look at the paper trail so they can see that someone has already been out to visit the site (5 year ago!) numerous times and already inspected that part of the work....what are the odds of this getting resolved any time soon or have we inadvertently messed up things for the entire chain (who need to complete in the next few weeks)?

Your quickest way would be to submit a Regularisation Certificate to the Local Authority. It may well involve exposing some of the works for re-inspection/approval. Subject to BC being satisfied with the alterations, they’ll follow up with a Completion Certiifcate.
SheWouldNever · 02/03/2021 21:38

@DevilDamo I thought a regulisation certificate was for unauthorised work. In this case, building control know about the work, we paid money for the application, the application is visible online. Building control have already said they will need to send someone out for a site visit, although I’m still hoping they will find all the paperwork recorded somewhere from when the building control officer came to see it 5 years ago and that they’ll be able to work from that. I know it’s not likely, though.

Our buyers have already exchanged with their buyer, and have it in their contract that they must complete by the 26th of March - they aren’t going to be happy with us if this delays completion further and they’ll have to find temporary accommodation. But I can’t see it being resolved any time soon Confused

OP posts:
SheWouldNever · 02/03/2021 21:41

@lisam78 that sounds promising. Fingers crossed my building control department is this organised.

OP posts:
DevilDamo · 02/03/2021 21:44

If they definitely knew about it and have records confirming what has been seen, then no need to submit a RC. It was more incase they may have seen it but have no notes about it hence looking to regularise it.

GingerAndTheBiscuits · 02/03/2021 21:46

Can you get indemnity insurance to protect your buyers, while the building control issue is resolved?

SheWouldNever · 02/03/2021 21:55

@GingerAndTheBiscuits if building control can’t offer a swift resolution in the next few days I think we will look to this as an option B.

OP posts:
loveisagirlnameddaisy · 03/03/2021 06:35

Insurance is the way to go. It's not expensive.

AmandaHoldensLips · 03/03/2021 06:47

Get the indemnity insurance.

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