Vendor refusing to get Building Completion Certs

angrypirate

pimento wrote: »

We had this exact thing happen to us when we were selling our Victorian terraced house in London in 2001.

The back two storey extension was built by the previous owner and nothing was said by our solicitor when we had purchased the house in 1992.

As fas as I am aware, Building Regulations always apply, even if Planning Permission wasn't required. To get our extension regularised would have meant the Building Control people digging an exploratory hole in our back yard, at least four feet deep to see if the foundations of the extension were built to regs. I was bereft! I called our old vendor who assured me he had had it signed off and my trusty estate agent actually went down to the council and had them check their paper archives in the basement and they did find the documents I needed to sell.

It could have been a complete nightmare.

Thanks Pimento. Thats our understanding too. Its why we are ensuring all paperwork and certificates are in place prior to committing to this property. Unfortunately it looks like the vendor thinks we are being unnecessarily awkward and we may have to pull out.

princeofpounds

Speak again to the vendor. Tell them the difference between planning permission and building regulations. Tell them that permitted development is a planning issue and not a building regs issue, and the latter is the problem. And that if she doesn't get it sorted she might face problems getting it sold at all.

Many recent conservatories don't pass building regs. If I recall correctly, people are supposed to wall off the conservatory for heat loss reasons, but often people don't get it assessed, or if they do knock the divider down as soon as the building inspector has walked away.

pink_pirlie

I had a similar problem with a house I was looking to buy - 2 load bearing walls removed, and a chimney breast removed with no support added to the rest of the chimney in the roof - vendor did not want to know and were unwilling to get it regularised. The EA was a complete idiot who said I was being difficult and awkward, yet I was the one doing all the calling, chasing etc! I even managed to secure the most fantastic structural engineer to come and look at it for the vendor (and because of all the problems I had he didn't charge me a penny!). In the end I had to pull out, and buy the lovely structural engineer a bottle of wine for his help!!

Just do your homework, speak to the building control officer, they are always really lovely and very helpful! Find out what needs to be done to get it regularised (but remember it can only be regularised if it was done properly to start with!). Most importantly, don't let anyone tell you that it is you that needs to pay for it all to be done! It is the vendor's problem to sort out, as if you pull out they will have to go through it all again with the new buyer.

DannyboyMidlands

I agree with pink_pirlie. This is entirely the vendors problem. Either they get Building Regs sorted or you should pull out.

pmlindyloo

It is the vendor's problem to sort out, as if you pull out they will have to go through it all again with the new buyer.


Absolutely. However, I must point out that many buyers (because of the age of the extension) wouldn't see it as a major problem and, if necessary, would just use an indemnity insurance to satisfy their lenders

silvercar

pmlindyloo wrote: »

It is the vendor's problem to sort out, as if you pull out they will have to go through it all again with the new buyer.


Absolutely. However, I must point out that many buyers (because of the age of the extension) wouldn't see it as a major problem and, if necessary, would just use an indemnity insurance to satisfy their lenders

I agree.

I would be more concerned with whether the full structural survey found it a solid and safe construction. It is 10 years old, plenty of time has elapsed since build for a surveyor to say whether it is safe or not.

Richard_Webster

This thread ahas been confused with Planning and Permitted Development - as others have said this really is a non-issue. Even if it was not permitted development it was most likely immune from Planning enforcement once it was 4 years old.

The point with Building Regulations is to try to establish what was done and what wasn't done. If you could find out from independent sources (not the Council) how the extension was constructed etc you might be able to form a view about how safe/sound it is. At one extreme It could be that the regulations were completely ignored or it could be that it was all inspected but not signed off because some minor point like fitting a self closer or an extractor fan wasn't attended to.

In general terms the longer a building stands the less likely it is to have major structural defects occur because they would have happened in the early years if they were going to happen. What about loads of old buildings that wouldn't by any means comply with modern building regulations if built now, but nobody seems to worry about them?

DominicJ_2

Richard
Its not so much the "shoddy workmanship" threat that would worry me, but the resale hassle.

angrypirate

Richard - no building regulation application was made for the extension. Its not a case it was missing something simple - there has never been an attempted to get a certificate.

Full structural survey suggested it was ok but no more than that - the survey recommended we got the completion certs.

The vendor doesnt have a clue on the construction - all of the replies have been "extension completed before I moved in" and is pleading ignorant (and then subsequently telling us build regs cert is not required)

My concern is one of 2 - if our mortgage provider would even let us buy it without sign off, what happens if were to do work on the property requiring building regs cert and they were to find something? And number 2 is the issues we might have reselling the property?

We have now left it in the buyers hands - either they get a building regs cert or we walk. As frustrating as it is, us walking away seems the more likely right now.

pmlindyloo

angrypirate wrote: »

Richard - no building regulation application was made for the extension. Its not a case it was missing something simple - there has never been an attempted to get a certificate.

Full structural survey suggested it was ok but no more than that - the survey recommended we got the completion certs.

The vendor doesnt have a clue on the construction - all of the replies have been "extension completed before I moved in" and is pleading ignorant (and then subsequently telling us build regs cert is not required)

My concern is one of 2 - if our mortgage provider would even let us buy it without sign off, what happens if were to do work on the property requiring building regs cert and they were to find something? And number 2 is the issues we might have reselling the property?

We have now left it in the buyers hands - either they get a building regs cert or we walk. As frustrating as it is, us walking away seems the more likely right now.

First of all, mortgage lenders always seem to ask for an indemity poilcy in these cases (why I don't know) so you could get one and future buyers could get one.

Secondly, you seem to be concerned about having further building work done and their discovering something wrong with the extension. Have you checked if there is a time limit for Building Control being able to insist that you knock it down/put right any problems?

Or does your future building work involve the present extension and you are concerned that there will be lots of remedial work?

Anyway, you seem to have made a decision.

I am sure you will find another wonderful, better house that you won't have to worry about.

Good luck!