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Conveyancing Q: Building Regs Final Inspection OK, No completion certificate issued
hatcheth
Posts: 32 Forumite
Hi,
Selling my house at the moment. The buyers mortgage offer (Nationwide) states that conveyancer must get a completion certificate for any building regs that apply to the house.
The people we bought the house off, had a small extension done. They done everything right, planning permission was ok, building regs were applied for an the final inspection was satisfactory. However this was back in 2000, when Completion Certificates were not issued automatically.
My conveyancer when we bought the house in 2002 was satisfied that everything was ok, so we proceeded with the purchase.
However my local council now refuses to issue a retrospective completion certificate. The strongest thing they will issue is a letter which confirms that the final inspection was satisfactory. To me this is a completion certificate in all but name.
The buyers solicitors are not sure that this will suffice, my solicitor says in a similar situation they wouldn't even refer it back to the lender - a letter from the council is fine.
I think the council are being anal by not issuing the certificate, which they would have done if it had been requested at the time. I think the buyers solicitor is lacking common sense.
Anyone have any experience of similar situations ? I suspect it will work itself out in the end, but its causing stress for me, the buyers and even the estate agent (and delaying exchange)
Selling my house at the moment. The buyers mortgage offer (Nationwide) states that conveyancer must get a completion certificate for any building regs that apply to the house.
The people we bought the house off, had a small extension done. They done everything right, planning permission was ok, building regs were applied for an the final inspection was satisfactory. However this was back in 2000, when Completion Certificates were not issued automatically.
My conveyancer when we bought the house in 2002 was satisfied that everything was ok, so we proceeded with the purchase.
However my local council now refuses to issue a retrospective completion certificate. The strongest thing they will issue is a letter which confirms that the final inspection was satisfactory. To me this is a completion certificate in all but name.
The buyers solicitors are not sure that this will suffice, my solicitor says in a similar situation they wouldn't even refer it back to the lender - a letter from the council is fine.
I think the council are being anal by not issuing the certificate, which they would have done if it had been requested at the time. I think the buyers solicitor is lacking common sense.
Anyone have any experience of similar situations ? I suspect it will work itself out in the end, but its causing stress for me, the buyers and even the estate agent (and delaying exchange)
0
Comments
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my solicitor says in a similar situation they wouldn't even refer it back to the lender - a letter from the council is fine.
I agree, the buyer's solicitors are being silly. The question in practice is whether there is any possibility of enforcement. By writing the letter the Council have just stopped themselves doing that! I am sure Nationwide are not actually going to check if there is a piece of paper called a "completion certificate".RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Thanks for the info Richard, it confirms what I suspected.
Will reply back with the outcome.0 -
also as a conveyancer, I would say that the works being this decade, it is usual to have a buyer ask for it, as it begs the question what is wrong with the works for the certificate not to have been obtained (is it oversight by simply not applying for it, or more than that).
Reember the buyer's lawyer knows nothing of the house, and cannot take your rose tinted view of how wonderful the works are, not least as should the buyer want to do any other work of their own near the previous works, the Council may indirectly add additional requirements to get the errors made good.
There is a 1 year enforcement, but not if there is a danger to health and saftey.My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:
My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o0
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