certificate of completion

jacqueline_11

Hi Advice needed please 20 years ago we had an extension built we applied for pp but were told we wouldnt need it we have this in writing and its ok so the extension was built by a building company this was done in stages and checked by BC Officer and was signed off when compleated but now we want to sell but th LA cant find completion certificate what should we do? kind regards jacqueline

hcb42

Speak to lawyers, see if you need retrospective planning permission or a ltter of comfort

taxsaver

Your solicitor might simply be able to arrange indemnity insurance on your behalf. I wouldn't think that would be too costly given the time that has elapsed.

jacqueline_11

Aparently once the council have been contacted indemnity insurace is not not an option this is what our solicitor has told us but i know the extension was built to building regs 20 years ago and signed off at the end

jimmy230

In planning law, an extension will become immune from enforcement action after 4 years (10 years if it is built in breach of a condition). It is then possible to apply to the Council for a Certificate of Lawfulness of Existing Use or Development. This is conclusive proof that the structure is lawful and will satisfy any potential purchaser. To make the application you need to provide evidence to the Council when the extension was built. For extensions, approaching a company that produces aerial photographs is a good option. The company may have a photo dating back the necessary 4 years showing the extension has been in place for the required length of time. You will also need to ask them to provide a certificate stating the date of the photograph and confirming its authenticity.

Alternatively you could simply offer to provide any evidence to a potential purchaser on completion of the sale. The purchaser could then apply and obtain a certificate of lawfulness if they require it.

The Council can enforce a breach of the building regulations by serving a notice up to 12 months after the development is completed. After that time they have to apply to the Court for an injunction - it's very unusual for Council's to do this and they will usually only do so where the structure is dangerous. As other posters have said, indemnity insurance will not be available if the Council has been put on notice of the breach.

Strapped

After 20 years I doubt a buyer is going to be too bothered tbh.

jennifernil

You say the extension was "signed off" on completion, what do you mean by that?

jacqueline_11

jennifernil wrote: »

You say the extension was "signed off" on completion, what do you mean by that?

It was checked for the last time by the building control officer

Seanymph

Do you have the planning permissions?

I, in dissimilar circumstances admittedly but close enough, managed to get an email from the planning department saying my situation was 'exempt from any furture prosecution'. Which was sufficient for the buyer ( I hope, exchange this week!) - apparently the certificate of lawfulness can take up to three months with my council.

Ultimately the buyers are people who want the house, if they instruct the solicitor to exchange anyway they will - it's about reassuring them that things are ok, that's all.

I found a picture from the 1950's online SHOWING what had gone on had already happened at that point - do you have family photo's showing it's been up longer than 10 years?

Richard_Webster

This is nothing to do with Planning Law at all. The thing is 20 years old and therefore immune from enforcement so stop worrying about that aspect!

I do wish people wouldn't post confusing posts about Planning.

Jimmy 230 has explained this comprehensively:

In planning law, an extension will become immune from enforcement action after 4 years (10 years if it is built in breach of a condition). It is then possible to apply to the Council for a Certificate of Lawfulness of Existing Use or Development. This is conclusive proof that the structure is lawful and will satisfy any potential purchaser. To make the application you need to provide evidence to the Council when the extension was built. For extensions, approaching a company that produces aerial photographs is a good option. The company may have a photo dating back the necessary 4 years showing the extension has been in place for the required length of time. You will also need to ask them to provide a certificate stating the date of the photograph and confirming its authenticity.

Alternatively you could simply offer to provide any evidence to a potential purchaser on completion of the sale. The purchaser could then apply and obtain a certificate of lawfulness if they require it.

He also makes the point that enforcement under Building Regulations is highly unlikely.

I am intrigued to know exactly what is meant by:

checked by BC Officer and was signed off when compleated but now we want to sell but th LA cant find completion certificate what should we do?

OP presumably contacted the Council. Did they admit that the final inspection had been carried out - that was in their records? I don't think formal completion certificates were issued until about 1993 so it is possible they didn't issue one because that wasn't the practice at the time. The key thing isn't whether there is a completion certificate but whether the Council was satisfied at the time that the work was completed OK. If that is the case then they ought to be able to write a letter confirming this which would be adequate in lieu of a completion certificate.

Of course if the Council have no record of the inspector making the final inspection you do have a problem.