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Original poster

Seller doesn't have building regs completion certificate

39 replies

cupofdecaf · 31/01/2022 21:11

Very close to exchanging contracts. Seller says they can't find the completion certificates after telling us when we viewed that they had all the paperwork.
They've offered indemnity insurance but there some repairs that need doing that will require planning permission so the council inspector will be round looking at some of the work we don't have regs for.
How much of a problem is this and what can we do?

OP posts:
BrieAndChilli · 31/01/2022 21:22

Is it they don’t have sign off at all or that they have lost the certificates,?
If they have lost them you might be able to get copies from the council. Our vendors didn’t have ours but our solicitor could log into the council systems and retrieve a copy.

AreWeThereYetMummy · 01/02/2022 01:25

We bought indemnity. All fine, including for the extra work inspected since we moved in (that our builder did).

But, this was for the building of the house 15 years prior, not recent work.

BFPDec21 · 01/02/2022 02:07

If it's recent or a big change, I would say don't exchange, either ask them to get a copy from the local authority (or call their bluff and say you will try to do this) or ask for retrospective planning. It makes it really hard to sell without it if you wanted to move again, especially if it was to do with the house.

Building control can get this sorted within 2 weeks granted that they had carried out any of the checks along the way. If they haven't been involved at all, you have to ask if you really want to live there not knowing how safe it may be and how much any issues will cost to put right (this will cost you out of your own pocket).

MrsClatterbuck · 01/02/2022 03:08

We had work done which was signed off by building control. When selling I couldn't find it so got a copy from the planning office. When everything had been done and dusted I then found the originalBlush

PissedOffNeighbour22 · 01/02/2022 03:33

When I sold my house there was an extension from the previous owners that I had no certificate for. Looks like my solicitor never even bothered to check when I bought but my buyer's solicitor asked for it a few days before exchange.
I spoke to the council and they emailed me a copy within 24hrs. Buyer still wanted us to pay for indemnity insurance though.

I'd be wary if it was recent work though as surely they'd have the documents to hand or could easily get them.

LovelyQuiche · 01/02/2022 03:45

Our sellers said they couldn’t find certificates so here’s indemnity insurance. We just said it’s fine - we’ll wait for you to get copies of certificates.
They never did have building reg sign off they were just lying and we called their bluff and ended up knocking thousands off the asking price

ZZTopGuitarSolo · 01/02/2022 03:57

I sold a house without completion certificates - the final sign offs hadn’t been done, and my shit solicitor hadn’t noticed when we bought the house.

I bought indemnity insurance on the advice of my solicitor, and that was adequate.

You could pull out now if you’re worried. IME the seller will not have much problem selling to someone else.

sarahc336 · 01/02/2022 06:21

It's not un common to buy a house without building regs paper work. By all means if it's a recent alteration the council should be able to give you new copies of paper work but indemity insurance would cover you x

user1487194234 · 01/02/2022 06:59

No way would I accept Indemnity insurance in these circumstances

HansChristianAnderfuck · 01/02/2022 07:03

Indemnity insurance is worth fuck all.
Whether I would go ahead depends on the extent of the works, how recent they are (no excuse for not getting regs on new works) and how I would feel if it collapsed (worst case scenario). If they are extensive at worst you can be left with a pile of rubble and a mortgage.

HettySunshine · 01/02/2022 07:05

Are the certificates referred to in your local search?

Roselilly36 · 01/02/2022 07:47

@AreWeThereYetMummy

We bought indemnity. All fine, including for the extra work inspected since we moved in (that our builder did).

But, this was for the building of the house 15 years prior, not recent work.

This ^
Stevie77 · 01/02/2022 07:57

Be aware that afaik an indemnity only covers you so long as you don’t (ever) contact the council about any alterations to the house. If you need to make repairs where you may need council approval or sign off, it will nullify the indemnity. Same if you plan to extend or refurbish in the future and will need council approval, planning or building control. If the council become aware, you’ll need to take on the costs for a planning/building control approval. Personally, I wouldn’t buy a house without the sign off unless I was certain I’ll never want to do any work on it.

LawnFever · 01/02/2022 08:02

My first house had an attic conversation with no building regs that had been done years before, I got indemnity insurance then 10 years on so did the person I sold the house to.

If it’s recent ask for copies from the council, but if it’s not I’d just get the insurance.

Original poster
cupofdecaf · 01/02/2022 10:38

There's no record with the council we've tried that. We would be happy with indemnity insurance but for the work that needs doing.

There's 3 parts of the house that have planning but not building regs. Not sure if they were done and just not signed off or never done. One is the conservatory (not exempt due to the heating and electrics) and it needs a new roof. It's in a conservation area so replacing the roof might need planning and building regs.

We have to exchange soon due to our buyers so I'm not sure what can be done without us either just taking the risk or it all falling through for everyone which I really don't want.

I'm really annoyed though because we checked before even offering and we're told all the paperwork's in order.

OP posts:
Original poster
cupofdecaf · 01/02/2022 10:39

Just to add the work was all done about 20 years ago so not sure if I'm worrying about nothing.

OP posts:
SarahBasil · 01/02/2022 10:50

I take the view that if the work was done some years ago and the house appears structurally fine now, there is unlikely to be a problem with what was done. It is just a paperwork issue, which an indemnity solves. Only you know how picky you can afford to be.

BFPDec21 · 01/02/2022 11:07

@cupofdecaf

Just to add the work was all done about 20 years ago so not sure if I'm worrying about nothing.
I wouldn't worry then as long as you've had a full survey and there are no issues. In 20 years an issue (if any) with the work should have cropped up. I'd probably lean towards indemnity insurance if you really want this house.
Aphrodite31 · 01/02/2022 11:14

@SarahBasil

I take the view that if the work was done some years ago and the house appears structurally fine now, there is unlikely to be a problem with what was done. It is just a paperwork issue, which an indemnity solves. Only you know how picky you can afford to be.
This.
Trolleedollee · 01/02/2022 11:19

If the work was done 20 years ago I wouldn't give it a second thought and get indemnity.

areyouhavingagiraffe · 01/02/2022 11:23

If there is no council record and the works were done after 1984 then there is a possibility that the works have been undertaken without building regs. Worth noting some lenders could pull the mortgage, up to your solicitor whether to flag with lender. Furthermore, if you are not sure, think about selling the property on, will another buyer also feel unsure, could their lender pull the mortgage. I pulled out of a purchase last year, no building regs for "loft room" and no planning/ building regs for extension. If the vendors had consulted with the councils building control team in the first place then it would show up on the local searches.

areyouhavingagiraffe · 01/02/2022 11:24

And be weary of indemnity, these don't protect you if no one want to buy the property in future due to illegal works, or if a future lender pulls mortgage. They are pointless

LIZS · 01/02/2022 11:30

Indemnity is just for enforcement action, how old is the work? If you are doing further work it would need to meet current br anyway.

JudgeRindersMinder · 01/02/2022 11:49

What does the full survey say?

LIZS · 01/02/2022 11:53

There won't be enforcement action after 20 years.

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