Help. rented a property (new build) and found out it has not been signed off by building control. We don't want to risk living somewhere unsafe but what should we do?

[Intromum]

Hi there. We have recently signed a tenancy agreement for a flat in a new built property. After we signed the tenancy...we were asked by the agents to allow building control access in the forthcoming days as they are coming to expect the flats and their foundations. We are alarmed as inspecting foundations is the first thing that happens with building works. It sounds like the property had not been signed off by the building control and we have not been told of this. Has anyone had similar experience? Did you walk away from the contract or did you try and work things out with the landlord?

Can you not just delay moving in until after the inspection if they said it would be happening in a few days ?

This will just be final sign off I assume, it will have been checked and signed off at various points during the build too. I wouldn't be concerned.

They will have already inspected at intervals, so it sounds like a formality but technically should not be occupied until the certificate is issued. Very unlikely to be unsafe.

They are saying they are coming to check the foundations of the flats though, which would have been the first thing they would have checked. The only explanation I can find at this point is that there was no building control involvement at all and it's a retrospective application hence they are checking the foundations with tenants already in

Who are saying that? The developer cannot complete sales and hand over keys without some evidence of building control sign off.

Agents are saying this to us now on behalf of the landlord - that we need to let building control come in to inspect as they are coming to inspect foundations of the flats and the flats themselves; this is why I am alarmed as foundations are inspected before there is any building constructed i.e. at the shell level

The odds of a development not being checked at all are very slim

They check everything on the final in case the foundation has settled in a way it shouldn’t once the weight of the rest of the building is on it. Especially if any underfloor hearing or sump pumps have been installed too.

Underfloor heating that should be

They're not going to be 'checking foundations' of a property that is finished, how do you think they do that OP, dig the whole thing up one afternoon?

quite easily - they would simply dig a trial pit next to the building allowing them to check the depths of the foundations/footings

Unless you're in a third world country it's unlikely to be unsafe as such.

On the final mostly it’s observation of areas that would be impacted by any foundation issues as in are the walls still in true, are there any cracks appearing in the walls. Are any damp areas manifesting around the outside. Are any windows or doors sticking in their frames. These are all signs of foundation subsidence.

how would the underfloor heating/ or sump pumps affect the foundations ? Also there is neither of these in the property. Yhe idea is interesting though i.e. that one might need to see if they settled the way they should. I have not heard of it before. I would have thought this would have been calculated by an architect in advance though.

It is the final check before they issue the licence.

No, they don’t do this, not that I’ve ever heard of. Unless looking to see if a damp course has failed.

No they really wont

They will have been checking each stage as its completed, thats normal and then coming to do some final sign off.

Underfloor heating is often put in a concrete layer on top of the foundation and if not done properly, can leak and then cause a damp and crumbling foundation. Sump pumps protect a foundation from rising ground water levels after heavy rains, so if they haven’t been doing their job, again you get a failed foundation.

If a foundation slab didn’t cure properly, once the rest of the building goes on it, the weight can cause it to crack and the walls to start to tilt outwards.

If the foundation wasn’t poured in a properly excavated and prepped ground, with proper drainage sloping away from the building then you can have premature subsidence which doesn’t usually show up until the rest of the building has been completed.

You can buy building control from the other end of the country. it's not as it was a few years ago when the local council man would come at each stage.

There's massive potential for disaster in my opinion because I am hugely cynical removing control from local councils.

Ok so it might be a final sign off as opposed to a retrospective which is a relief. thanks for the advice. Is there actual law prohibiting the landlord to rent it out without it having been signed off? Or prohibiting us living there before it's signed off? I don't seem to be finding any specific provisions. In terms of breach of any building regs these could result in enforcement action/prosecution etc. but what interests me is the position of the tenant , not the landlord.

huge potential for disaster re them inspecting foundations?

I had a garage conversion done a couple of years ago during Covid. Insisted on builders getting building regs (and paid for them). They didn't so I had to apply retrospectively. I sent in a few photos of completed works and it was signed off online. Bearing in mind I have no idea about structures or where/whaf to take photos of. Lucky for me maybe but not the buyers perhaps who just bought it without a survey as there were cracks appearing already from the outside where they filled in garage door.

They won't be checking the building's foundations from your flat, op.

One does not need to be in a third world country or an old property to have an uninhabitable apartment block. https://www.abc.net.au/news/2023-07-15/nsw-building-industry-reforming-but-too-late-for-many-owners/102603670

Just walk away people have given numerous explanations but your still convinced your going to slam the kitchen door and the whole building will collapse