Is Building Regs Compliance Certificate a legal requirement?

wheresspot

Is it a legal requirement to supply a buyer with the Building Regulations Compliance certificate for a boiler that has been fitted?

I'm selling my flat and have to exchange contracts by 27th June, otherwise my sale and my purchase will both fall through. My solicitor has asked me to provide the compliance certificate for a boiler I had installed in January of this year. This is the first I've heard of such certificates and I haven't received it.

I have called Gas Safe and the installer hasn't notified them of the installation. I called the installer and he was completely unconcerned, said he couldn't remember installing the boiler and he would have to look into it. I am going to chase him up on this again today, but I'm not holding my breath.

Currently Gas Safe take 10-15 working days to issue a certificate - and that's only after they've been notified. I don't have 15 working days!

So, my questions are:
- is there any alternative to going through the installer if he doesn't inform gas safe promptly or if gas safe don't issue the certificate in time?
- is it a legal requirement to supply a certificate to a buyer or can they accept other documentation?

I have all the documentation from the installation. The installer is registered with gas safe and I have a copy of an inspection Eon carried out on the boiler in April which confirms it is safe - can the buyer choose to accept these whilst the certificate is being sorted out? Even if it means the certificate might not be available until after exchange?

I have been informed by my solicitor that we can't get indemnity insurance because it has to be installed more than 12 months ago for that

I'm really starting to panic about this, so any advice is appreciated!

anselld

It is a legal requirement that the installation is notified.
Have you actually checked the installer is registered?
Threaten to report him to GasSafe for non-compliance, should get him moving.
The buyer *could* accept the existing evidence with the promise of a certificate in the post but their solicitor would probably advise against.

mrsmchapman

I to had to supply our gas safe building regs certificate for a boiler which had been installed over twelve months ago.

Have you a receipt/invoice for the boiler installation? If so contact Gas Safe and state the installer hasn't registered and its holding up house buy/sale and what do they suggest.

I had my gas safe cert through the door within a week. If you could even obtain an email from gas safe stating the certificate is being produced the solicitors might go for that.

bryanb

wheresspot wrote: »

Is it a legal requirement to supply a buyer with the Building Regulations Compliance certificate for a boiler that has been fitted

No it is not a legal requirement for you to supply a certificate. But that's no help if the buyer won't proceed without one.
It is a requirement for the installation to comply, and for the installation to be registered/notified.
The only certificate that must be supplied legally is an energy performance certificate.

wheresspot

Well I checked with my solicitor and it is a legal requirement to have it - she says that no solicitor would advise a buyer to proceed without it and it's against their code of practice to allow that to happen.

Anyway, chased the installer up several times today and he has said he's informed Gas Safe over the phone this afternoon - so I will check with them tomorrow that he definitely has. Here's hoping it will come faster than the 10-15 working days Gas Safe state - which I'm hoping is just to cover themselves.

bryanb

Once you get into solicitors codes of practice and advice I agree.
However I cannot find a law that requires you to provide one as you asked.
All I can find is that the installation must comply and be notified correctly, perhaps that's semantics.
As I said, if the buyer won't proceed without it, then whether it's a legal requirement or not is irrelevant.

ValHaller

wheresspot wrote: »

Well I checked with my solicitor and it is a legal requirement to have it - she says that no solicitor would advise a buyer to proceed without it and it's against their code of practice to allow that to happen.

I hesitate. While it may be that solicitors won't proceed without it, I believe that the legal requirement is to have the job done in compliance with regs and there is no formal requirement to have a certificate.

Jenny.W

wheresspot wrote: »

Is it a legal requirement to supply a buyer with the Building Regulations Compliance certificate for a boiler that has been fitted?

I'm selling my flat and have to exchange contracts by 27th June, otherwise my sale and my purchase will both fall through. My solicitor has asked me to provide the compliance certificate for a boiler I had installed in January of this year. This is the first I've heard of such certificates and I haven't received it.

I have called Gas Safe and the installer hasn't notified them of the installation. I called the installer and he was completely unconcerned, said he couldn't remember installing the boiler and he would have to look into it. I am going to chase him up on this again today, but I'm not holding my breath.

Currently Gas Safe take 10-15 working days to issue a certificate - and that's only after they've been notified. I don't have 15 working days!

So, my questions are:
- is there any alternative to going through the installer if he doesn't inform gas safe promptly or if gas safe don't issue the certificate in time?
- is it a legal requirement to supply a certificate to a buyer or can they accept other documentation?

I have all the documentation from the installation. The installer is registered with gas safe and I have a copy of an inspection Eon carried out on the boiler in April which confirms it is safe - can the buyer choose to accept these whilst the certificate is being sorted out? Even if it means the certificate might not be available until after exchange?

I have been informed by my solicitor that we can't get indemnity insurance because it has to be installed more than 12 months ago for that

I'm really starting to panic about this, so any advice is appreciated!

EXACT same thing happened to me. We are selling our 3 year old house and had never seen a compliance cert for the boiler.

Called Gas safe who confirmed that the installation had never been registered. I then called the installers and they in turn registered the property.

My cert camethrough roughly 4 days later

Call GS to explain you need it urgently, I'm sure they'll help out...

wheresspot

I did specifically ask the solicitor if it was a legal requirement and she said it is, and then she added about the code of practise etc - so I'm confused, not sure why she would lie?

Anyway, 8 days on from Gas Safe being notified we haven't yet received the certificate. They said it was posted on Saturday, so it's taking it's time getting here. They weren't interested in our timescales when I called, just said that everyone they're dealing with is in the same position so they can't prioritise anyone. Just have to keep fingers crossed it comes soon.

anselld

wheresspot wrote: »

I did specifically ask the solicitor if it was a legal requirement and she said it is, and then she added about the code of practise etc - so I'm confused, not sure why she would lie?

Depends how you define "legal requirement", ie

The purchasers legal representative demands it. It would not be "illegal" to proceed without it, but that doesn't help you; it is a requirement of undertaking the current legal (conveyance) process because the purchaser has made it so.

stagey_2

hmm - this is interesting - so we had a new gas condenser boiler installed about 5 years ago - if we wanted to sell would we need a compliance certificate - or say 10 years ago? Do many people know this??