No building regs certificate

andie_303

Hi all

I'm after a bit of advice. In 2002 we had an integrated garage converted into a room, our quote (which we still have) states that our payment included all building notices and inspections in our payment amount.

We are selling our house and due to complete next week however we are missing the completion certificate for the garage conversion. I have phoned the council for a duplicate who say there is no record of the conversion and they have no inspection record thus no certificate, duplicate or otherwise can be provided.

The conversion took place and my hubby is adamant that he did see an inspector on site that came from the local authority on more than 1 occasion, though he does not know if the inspector was happy with the work as the builder was taking control of it all.

The local authority has said the only option as far as they are concerned is to pay £400+ for a building inspector to come and do a retrospective check.

I have contacted the builder who says that there must have been an inspection and the paperwork lost by the local authority, he says he would not have any paperwork relating to our conversion as he only keeps them for six years do cannot provide any reference numbers that might help the local authority track it down.

I had asked that if I have to pay for an inspection now that he reimburse this as I have already paid him for the inspection once which the council are saying didn't take place - which he has refused.

I don't know what to do now - I can prove I paid the builder which included notices and inspections. He had said he only keeps records for 6 years for VAT so he cannot prove the inspection happened and was paid for though he is adamant it did and the local authority have lost the file. The council say they haven't lost anything and that there was never any inspection, certificate or file.

If I pay it now to get my house sale would I be able to pursue a reimbursement and if I can should I pursue my builder who I paid the first time or the local authority whom it has alleged has lost the file?

Thanks

DannyboyMidlands

2002? I don't think that you stand a chance. I'd just stump up the £400 and forget about it.

Richard_Webster

Cost you more in time and stress to sue builder, than what you are likely to get back.

andie_303

Forgive me but I have proof that I paid for notices and inspections which the local authority at this point are saying don't exist. Therefore where is the fairness in me paying again when I have proof I paid for them the first time?!?

andie_303

Richard_Webster wrote: »

Cost you more in time and stress to sue builder, than what you are likely to get back.

I wouldn't say I want to sue the builder, although small claims and LIP is not that expensive. But I have his quote, invoice and payment showing that all notices and inspections were paid for, the council are adamant as this point that they haven't taken place. I should surely not have to pay again if I have already paid it once.

McKneff

Have you read all the t&cs OP,

I know it says notices and inspections, but does it say anything about issuing certificates.

Just food for thought.

Other than that, see a lawyer to see if you have any chance at all.

andie_303

McKneff wrote: »

Have you read all the t&cs OP,

I know it says notices and inspections, but does it say anything about issuing certificates.

Just food for thought.

Other than that, see a lawyer to see if you have any chance at all.

The exact wording is "this work will require council approval and inspection which is included in this estimate"

So it doesn't say certification however thr council are saying no approval or inspection has been done. If it had been I could obtain a duplicate certificate which I would be happy to pay for.

Therefore my arguement is I have paid a builder for something the council are saying has not taken place.

DannyboyMidlands

andie_303 wrote: »

The exact wording is "this work will require council approval and inspection which is included in this estimate"

So it doesn't say certification however thr council are saying no approval or inspection has been done. If it had been I could obtain a duplicate certificate which I would be happy to pay for.

Therefore my arguement is I have paid a builder for something the council are saying has not taken place.

Yes and it only took you 10 years to realise. I'd let it go.

andie_303

How long it took to realise anything I don't think has any relevance, I'm sorry that I am not au fait with building regulations - I paid and trusted a builder to do a job that seemingly hasn't been done - why should that be ok?

picklepick

I'm not sure what you're trying to achieve?

You want the builder to pay you £400, he is refusing saying it's the councils fault. The council are saying it's the builders fault. There's no evidence of either being right or wrong. The only way to make either of them pay you is by suing them. That will cost you court expenses and piles of stress... If it wasn't done originally, then obviously that's not ok, but you should have picked him up on that at the time. Especially as you knew that it would require council approval.

andie_303

As I said I am not au fait with building regulations and have only just come across this issue when selling the house. I then dug through the paperwork I had relating to it to find the quotes which said the builders were arranging notices and inspections etc.

The fact that I only know about this now I agree yes was lacking on our behalf but surely that does not detract that we have paid for something that has apparently not happened.

What if, for arguments sake, I pay for a retrospective inspection but they find a compliance issue? Should I have to pay for that as well?