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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:
DarleneSnell · 01/02/2022 11:58

20 year-old work, I wouldn't give it another thought. If there's a major structural problem it'd be clear by now.

Our last house was sold without regs docs (our solicitor didn't pick up the missing cert when we purchased!). The work was done in the late 80s, we sold last Summer and our buyers were happy with an indemnity.

ZZTopGuitarSolo · 01/02/2022 16:08

@cupofdecaf

Just to add the work was all done about 20 years ago so not sure if I'm worrying about nothing.
In our case the work was at least 10 years old and the seller had things like the report from the structural engineer and loads of other paperwork. They'd just not got the final sign-off. It was a two-storey extension, and a single-storey extension.

It was very stressful when we initially discovered during the selling process that the final checks had not been done, and I relied on our solicitor heavily to advise me on next steps.

As it turned out we sold the house without any issues, but it is something you should bear in mind for when you come to sell.

areyouhavingagiraffe · 01/02/2022 16:52

Enforcement on planning and building regs are different. After x number of years, Councils will not enforce against planning permission. Building regs are not exempt from enforement. Building regs are a whole different ballgame

Mildura · 01/02/2022 18:06

@areyouhavingagiraffe

Enforcement on planning and building regs are different. After x number of years, Councils will not enforce against planning permission. Building regs are not exempt from enforement. Building regs are a whole different ballgame
Councils really only have 12 months after the completion of the work to take enforcement for lack of building regs.

In this case, 20 years after the work was done, there really is no likelihood at all of the council taking action, and as such an indemnity is pretty much pointless as this would be the only thing being insured.

areyouhavingagiraffe · 01/02/2022 18:15

Council was taking action on a property I was due to buy last Summer. I have an e-mail from them, stating that the owner will be asked to: 1) ensure remedial works undertaken to comply with BR or 2) remove the illegal works.
It is a total myth that works are exempt from BR after a certain period of time, or that Councils will not enforce. Caveat emptor! Don't make it your problem!

HansChristianAnderfuck · 01/02/2022 22:14

@HansChristianAnderfuck

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.
Just seen OPs update, 20 years old not a problem. Any building quality issues should be visible by now.
Mildura · 01/02/2022 22:33

@areyouhavingagiraffe

Council was taking action on a property I was due to buy last Summer. I have an e-mail from them, stating that the owner will be asked to: 1) ensure remedial works undertaken to comply with BR or 2) remove the illegal works. It is a total myth that works are exempt from BR after a certain period of time, or that Councils will not enforce. Caveat emptor! Don't make it your problem!
It’s not a myth, section 36 of the building act (1984) states a local authority cannot take enforcement action once 12 months has passed from the conclusion of the work. Unless, the work is fundamentally unsafe then they can apply for a court injunction.
MarieG10 · 02/02/2022 05:49

Houses like this that have to building control approval usually do so because the builder has cut corners or isn't qualified...ie they have used trades that cannot sign off electrics etc.....

Having said that, 20 years on and problems should be visible with a good survey but not always.

We extended a few years ago and knocked down a previous extension that wasn't hugely old. The build was shocking. The builder videoed what they uncovered...RSJs with insufficient overlap, foundation gaps....all staff that doesn't show for years and won't be uncovered by a survey. So buyer beware basically

areyouhavingagiraffe · 02/02/2022 08:35

Yup, ask yourself why the seller has not got the correct paperwork....It's not difficult. As PP has said, buyer beware.
LB Havering were enforcing after 15 years....!

areyouhavingagiraffe · 02/02/2022 08:36

And their request to amend/ alter / remove the works, now shows on the local searches. Which means any buyer would be aware. The house I pulled out of, has lost it's subsequent buyers as a result

Leafypage · 04/02/2022 11:17

Your solicitor should be advising you as they are paid to look after your interests.

Original poster
cupofdecaf · 04/02/2022 18:50

Seller has now phoned the council so invalidated any indemnity insurance Confused
She's says 'it's fine' no idea what she told them though and she's got other points wrong so possibly given them the wrong info.

OP posts:
Saz12 · 04/02/2022 22:34

What work is it? After 20 years, it’s unlikely to be a problem structurally. There might be accessibility or fire safety issues etc.

Strictlyfanoftenyears · 04/02/2022 23:27

20 years on, you are fine, however surely your solicitor is the one to give you this advice?

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