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  • FIRST POST
    carmen blue
    Should we get a building regulations cert - we're selling our house
    • #1
    • 6th May 10, 12:09 PM
    Should we get a building regulations cert - we're selling our house 6th May 10 at 12:09 PM
    We’ll be putting our house on the market soon and started filling in the HIP. There’s a question about any work we did and if we got planning permission and/or a building reg certificate. About six years ago, we got rid of a tiny bedroom and, in its place, we made the main bathroom bigger and put in an en suite in the back bedroom. We had good builders and the work was done without a hitch. I just called the council about this question in the HIP and they said we didn’t need planning permission but we should have had a building regs cert. They can come out and look at it and, if all is ok, give us a cert for a fee of about £250. My question is: do we really need to do this? Would this really hold a sale up? Our builder said it would pass, so wouldn’t a buyer’s surveyor see that and be ok with it?
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  • woody01
    • #2
    • 6th May 10, 12:19 PM
    • #2
    • 6th May 10, 12:19 PM
    You do need it yes.
    It should've been done at the time, regardless of what the builders said.

    If the workmanship isn't correct (the things you can't see), you will have no comeback with the origianl builders.

    Our builder said it would pass
    Of course he did.
    He wouldn't say his own work was not up to regualtion standards.
  • JoeAlonso
    • #3
    • 6th May 10, 12:37 PM
    • #3
    • 6th May 10, 12:37 PM
    Sorry to jump in on the thread but how do you go about getting a building regulation certificate and who do you get it from?
  • carmen blue
    • #4
    • 6th May 10, 12:40 PM
    • #4
    • 6th May 10, 12:40 PM
    i just called our council and spoke to someone about it.
    • sunshinetours
    • By sunshinetours 6th May 10, 12:42 PM
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    sunshinetours
    • #5
    • 6th May 10, 12:42 PM
    • #5
    • 6th May 10, 12:42 PM
    I would ask your solicitor.

    It may be that this could be covered under an indemnity pilicy with the new owners so that any necessary enforcement work insisted under building regs ciould be covered PROVIDING noone notifies the council themselves. You didn't give your name and address when calling the councile I assume?

    Alternatively go back to the original builders if they are still around and say you never got their building regs cert and see what they say?
  • carmen blue
    • #6
    • 6th May 10, 12:56 PM
    • #6
    • 6th May 10, 12:56 PM
    Ahhh, that's an intereting point. No, I didn't give my name.

    We still know the builders so I'll give them a call. Thanks!
    • headcoat
    • By headcoat 6th May 10, 12:57 PM
    • 215 Posts
    • 90 Thanks
    headcoat
    • #7
    • 6th May 10, 12:57 PM
    • #7
    • 6th May 10, 12:57 PM
    Get it! The builder should have known better than to do the work with applying and obtaining B Regs. I wouldn't touch a house that had works done without a certificate, because of future consequences and also if the builder didn't even know about this, makes you wonder if he know how to do the work.
  • housebuyer_abc
    • #8
    • 6th May 10, 1:45 PM
    • #8
    • 6th May 10, 1:45 PM
    Get it! The builder should have known better than to do the work with applying and obtaining B Regs. I wouldn't touch a house that had works done without a certificate, because of future consequences and also if the builder didn't even know about this, makes you wonder if he know how to do the work.
    Originally posted by headcoat
    Definelty get one, we did a similar thing around about 5 years ago and when we came to sell it almost resulted in the whole chain falling apart because the buyers solicitor wouldn't proceed without it and the council couldn't get anyone out for ages.
  • carmen blue
    • #9
    • 6th May 10, 2:36 PM
    • #9
    • 6th May 10, 2:36 PM
    Thanks. My concern is that we put in a sink, toilet and bath. If they need to check ‘drainage’ (as their website says they do), how do they do this if it’s already built? Would they want to rip up the floor to check or is it enough to just check the drains/pipes on the external wall?
    • sunshinetours
    • By sunshinetours 6th May 10, 2:45 PM
    • 2,769 Posts
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    sunshinetours
    If they are doing it now then you will presumably need to comply with the latest regs not those of 6 years ago. Think they are quite hot on ventilation

    Definitely try and get hold of that builder
  • carmen blue
    Ventilation? Like in an extractor fan? We have one of those and a big window. My concern is the pipes - would they want to check that?
    • Money Doctor
    • By Money Doctor 6th May 10, 3:10 PM
    • 463 Posts
    • 5,752 Thanks
    Money Doctor
    Carmen, might be worth making enquiries with an aricitecht as they would draw the plans up? Yours sounds a lot easier than say opening up fondations of a kitchen without a building control certificate and face the prospect of having to knock it down and rebuild it
    • sunshinetours
    • By sunshinetours 6th May 10, 4:03 PM
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    sunshinetours
    Carmen just get in touch with your builders first and foremost to get thsi sorted and ask your solicitor what his advice is - its what you pay them for

    MoneyDoctor - what are you talking about architects and kitchens for???
    • Money Doctor
    • By Money Doctor 6th May 10, 4:22 PM
    • 463 Posts
    • 5,752 Thanks
    Money Doctor
    Sunshine - Purely a passing comment that if you were dealing with A Kitchen that had been built Without Building Regulations and were faced with obtaining the relevant Building Control Certificate surely it would be much more cumbersome inspecting foundations e.t.c
  • Hopejack
    Tread very carefully, appreciate you probably want to get the cert (I would) but as it's been touched on here, there are cases where you get a Building Inspector in and they want all sorts ripped up/out to investigate!

    Speak to the builder but I fear you won't get very far with them. I then, would speak to your solicitor (or the one you wish to use) and get their advice before going down the council route, once you give your name/address to them, that's it, there's no going back really. Like someone else touched on, an indemnity policy might work - so speak to a solicitor. However, I've read on here that some mortgage lenders won't allow indemnity policies anymore on any properties they are lending on - can't remember the details, might have been for more than a bathroom rejig though.

    Good luck! I do know of a few sales that have fallen through recently (or stalled majorly) due to lack of building regs/and pp where needed. Years ago no-one batted an eye, but these days people are much more risk conscious I think.
  • Budgeting mum
    Definitely explore getting a certificate. When purchasing our current house it transpired that the owners thought they didn't need building regs for the extension as it was built in 1991. Neither solicitor was bothered about my concerns and said I should just get indemnity insurance. NO WAY. I did not want to be left having to have the extension ripped apart at a later date. As it happens I called the council and it turned out that the extension was approved and met the regs at the time - it's just in 1991 certificates weren't issued. So the council merely wrote me a letter confirming all the details so I had it in writing. Job done. But the main reason I have written this essay (sorry!) is to say I wouldn't have proceeded without confirmation that the building regs were adhered to. Good luck.
  • carmen blue
    Thanks for all your replies. It's such a tricky one. I need to get the builder over and talk to him. My sister in law went through something like this a couple years ago and regretted getting the council involved because they found some other things that hadn't come up in the survey and that the buyers weren't bothered about. I just wish I knew if it would be approved - there are other houses on our street that did the exact same work, so I'll talk to them too.
  • timmyt
    We’ll be putting our house on the market soon and started filling in the HIP. There’s a question about any work we did and if we got planning permission and/or a building reg certificate. About six years ago, we got rid of a tiny bedroom and, in its place, we made the main bathroom bigger and put in an en suite in the back bedroom. We had good builders and the work was done without a hitch. I just called the council about this question in the HIP and they said we didn’t need planning permission but we should have had a building regs cert. They can come out and look at it and, if all is ok, give us a cert for a fee of about £250. My question is: do we really need to do this? Would this really hold a sale up? Our builder said it would pass, so wouldn’t a buyer’s surveyor see that and be ok with it?
    Originally posted by carmen blue
    if you identified your house to the Council then you have made a possible huge mistake.

    a buyer may insist on either getting belated consent - could be costly - or cheap £40 indemnity insurance. You canno now get indemnity insurance as you spoke to the council, which is a no no for indemnity insurance.

    your lawyer will now need to play hard ball wit a buyer and say that after 12 months the council cannot take action anyway..

    fingers crossed.

    Never ask the COuncil about consents without first speaking to the lawyer you are using.
    My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.

    My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.
    • Doozergirl
    • By Doozergirl 8th May 10, 1:34 PM
    • 21,723 Posts
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    Doozergirl
    Carmen what exactly did they do? Did they remove a structural wall and place a steel in?

    Did they dig new drains outside or did they connect the ensuite up to the existing soil stack (you'd be able to see this outside, most likely)

    A new window?

    You don't have a buyer yet so you do have time to get things sorted. It is possible that you didn't actually do anything that required building control sign off. Some electrical work would have been done but whether it was significant enough to need sign off, I think you'd have to check with the electrician; who should be able to sign off the work himself - job done.

    Don't panic. IF you can speak to the builder if you're not sure exactly what was done.
    Everything that is supposed to be in heaven is already here on earth.
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