Building Regulation Compliance Certificates

Michelle_Louise

Hi

I'm currently 5 weeks into the purchase of a house, all pretty much ready for exchange until 1. the searches through back one fail, a contaminated land issue (nearby timber yard) and 2. sols requested building regs certificates needed and not appearing from seller. Up to now ive been understanding with some of the replies to enquiries raised by my solicitor being "vendor cannot comment didn't live in the property please refer to own searches or enquiries" this is because they are a leasing company now selling the house but now its the answer to far to many questions and they are now refusing to supply any of the certificates or help with the contaminated land issue. Should I be worried?

Considering they wanted to complete by the 27th May and placed a £100 fine on it if it was delayed they aren't really helping things...

starbarboy

Hi there

This is something I would ask your solicitor about before proceeding. Not only could it cost you money to put anything right after purchase, it could cause you problems selling the property again in the future. In the absence of any building certificates, it may be possible to get a 'letter of comfort' which will confirm whether the is anything to worry about. However, unless the vendor is willing to pay for this, it is something you may have to pay for yourself. Again, best to ask your solicitor regarding this.

Hope this helps

Stephen

martinsurrey

It depends on what the certificates are for.

If they are for some double glazing 5 years ago – don’t worry, BC wont really care

If they are for a single story extension 20 years ago – don’t worry BC won’t really care and any dangerous elements would have manifested by now.

If they are for structural alterations 12 months ago – worry BC MIGHT care, and any serious defects could still be on their way to failing.

The contaminated land issue, what did the report actually say? The simple presence of a nearby timber yard is nothing to really worry about too much, or is there something more ominous?

Michelle_Louise

From what ive heard from my solicitor (just waiting on clarification) its electrical and boiler. We have the FENSA. The electrics isnt an issue for us as we know it needs re wiring before we do to much.

Contaminated Land, search says:

The following potentially contaminative land use of particular concern was identified by this
report:
• Unspecified depot adjacent to the site since circa 1991.
In view of the type and location of land use disclosed by this environmental report GroundSure
was initially unable to certify this property. An environmental consultant has gathered and
reviewed additional information on the site and presented this for further assessment.


Furthermore our Risk Assessment Team has personally reviewed the site information in detail and
concluded that additional enquiries may help clarify this risk. Alternatively, you may wish to
consider insurance as an option. If after reading this guidance you require further assistance
please contact the Helpline.

Michelle_Louise

My solicitor has come back and said its Planning/Building regulation documentation..! Hmm

She said that she is still waiting to hear by why they are refusing etc.

Is it OK/the norm to contact estate agent to push them into contacting seller or their solicitor in hope they might pull their finger out??

JennyW_2

I have had a contamination hazard flagged up on my survey.

Basically the house used to be a garage (1995) and has underground tanks which have been safely filled. I have a copy of the certificate.

This cert enabled my vendor to receive a PASS but it doesn't satisfy the search company working on our behalf. Personally I think they are being overly conservative and its not stopping us.

chappers

Personally I wouldn't worry about BR for a boiler or electrical installation, a mortgage company isn't going to worry and it has little bearing on the actual state of the appliance as of now.
Maybe ask you solicitor to get them to pay for a Gas safety on the boiler just for piece of mind, it's maybe something you might want to consider anyway , even if they won't pay for it.
Basically the contaminated land thing is saying there is activity that could lead to contaminated land but we don't know if the land is contaminated.
What sort of a timber yard is it. Is it a processing mill or a just a plain old timber yard selling timber.

Michelle_Louise

One of the certificates is for work that was done recently to convert part of the bathroom into a wet room I think. The other is just electrics and for the boiler so nothing too major. Do they have to have them or can we say we aren't bothered just get the boiler one?

The timber yard is a beers timber, http://www.beersltd.co.uk/

chappers

All depends on what work was done to the bathroom but generally alterations don't require Building regs approval, just new or moving location of a bathroom.
If the boiler installer didn't register the boiler installation with BC, then their isn't much you can do, depending upon how your BC officer is he may allow another gas safe plumber to re-commision and register the boiler, but as I said personally I wouldn't worry., just make sure the boiler is safe, by getting a GSC.
Solicitors are running scared of mortgage companies etc and asking for all sorts of stuff that they weren't asking for 5 years ago, the risk of any enforcement for not registering a newly fitted boiler as a stand alone piece of work is as near to zero as you can get as is the issue with the bathroom. BC enforcement relies almost entirely upon self notification of works, but for some reason the house buying and selling market have decided to use it as a way of gauging the quality of a property, now to a certain degree that works but has very little bearing on historic works or DIY modifications
The timber yard is a retail unit and as such I wouldn't have thought carries any risk, seems strange, I bought a property a while ago next to a similar type unit and nothing was ever flagged up, has there been some industry there previous to the timber yard

Michelle_Louise

For what these certificates are worth I really don't see why they are slowing the progress down so much. I've mentioned to my solicitor middle of last week that I don't really need them but does this matter do they HAVE to get them somehow, purchase from the council etc in order to move forward? The other issue is indemnity insurance other than that we are ready to exchange. I'm so frustrated that these are so easily sorted and unduly delaying exchange.

Yorkie1

chappers wrote: »

All depends on what work was done to the bathroom but generally alterations don't require Building regs approval, just new or moving location of a bathroom.

I was under the distinct impression that any work in a bathroom needed Part P / B Regs sign off.