Building Regulations Completion Certificate - Solicitors Negligent?

Sand_castle

I am in the process of selling my home which I purchased as a new build house from a major national house building company on a housing estate of approximately 100 houses in 2002.


My current solicitor has advised that I should have received a Building Regulations Completion Certificate when I purchased the property, but I didn't and it now appears that the Certificate may not have been issued.


Does anyone have any experience of this? I am unsure how to proceed. Can I issue a claim against the house builders or original solicitors for any costs involved in getting a Certificate now or for the cost of indemnity insurance due to their negligence in not getting the certificate or ensuring one is in place when the house was purchased? What is the likelihood of success?


What is the status of the Certificate, is it illegal not to have one issued?

Doozergirl

One must have been issued as the NHBC warranty wouldn't have been issued without it. And you must have had an NHBC warranty (unless you bought cash) as you wouldn't have a mortgage without one. Even if you'd paid cash, your solicitor should have asked for a warranty to protect your interest.

john_white

Doozergirl wrote: »

One must have been issued as the NHBC warranty wouldn't have been issued without it.

Sorry but that is incorrect.


The council will do it retrospectively. We have been through this as lots of houses on an estate were missed by building control, bit of a comms issue. NHBC yes, BCCC no.


Where about in the country are you.

Sand_castle

Doozergirl wrote: »

One must have been issued as the NHBC warranty wouldn't have been issued without it. And you must have had an NHBC warranty (unless you bought cash) as you wouldn't have a mortgage without one. Even if you'd paid cash, your solicitor should have asked for a warranty to protect your interest.

I did have the NHBC warranty, it is now expired of course. My (current) solicitor has reviewed the NHBC documents and advised that there is no mention of the building regulations.


It appears that the original solicitor did not bother to protect my interests!

Sand_castle

john_white wrote: »

Sorry but that is incorrect.


The council will do it retrospectively. We have been through this as lots of houses on an estate were missed by building control, bit of a comms issue. NHBC yes, BCCC no.


Where about in the country are you.

I am in Berkshire.


Is this a costly process?


I am shocked that the original solicitor could let me complete on the house without the necessary certifications in place!

john_white

Sand_castle wrote: »

I am in Berkshire.


Is this a costly process?


I am shocked that the original solicitor could let me complete on the house without the necessary certifications in place!

It was free.


Speak to building control at the council - they will visit and issue.

lucyloves

If there was no building regulations application put in for the original site then you will need to put in a regularisation application to your local council. This will not be free. Probably a few hundred.

However, if there was an application put in at the time (which is most likely) you just need to find out who the building inspectors were - that could be the local council or a private building control body, known as approved inspectors. They will then either send you your certificate (if your house was signed off) or visit to carry out the final inspection. You might be charged an administration fee.

To find out either way what your next step is you'd need to speak to your local council.

millie27

We had the same issue. After chasing between the council (buyers solicitor insisted on contacting them meaning no indemnity possible), builder, NHBC, the private inspection company and the soliciter we used to purchase the house with it all worked out.
The council wrote a letter saying they wouldn't take action and that they were satisfied it met building regs. Buyers mortgage company accepted it and the sale went through with out issue.
Our previous solicited apologised for his oversight and we didn't take it further as it all worked out

Sand_castle

millie27 wrote: »

We had the same issue. After chasing between the council (buyers solicitor insisted on contacting them meaning no indemnity possible), builder, NHBC, the private inspection company and the soliciter we used to purchase the house with it all worked out.
The council wrote a letter saying they wouldn't take action and that they were satisfied it met building regs. Buyers mortgage company accepted it and the sale went through with out issue.
Our previous solicited apologised for his oversight and we didn't take it further as it all worked out

Thank you for taking the time to comment, your comments have provided some comfort.


I must admit, I am extremely disappointed that the solicitor didn't even mention this when I was buying and I feel it is they who should be resolving the situation since it was something that they should have checked before allowing me to go ahead and complete on the purchase in the first place, there were paid enough for their services and clearly did not do the job properly.