Building Control Certificates Holding Up Process

Samsonite1

Hi,

We are waiting for a building control certificate on the house we are buying, but our solicitor seemed to suggest that it will arrive eventually and should not stop us proceeding (there is a record of the certificate, but we do not have certificate itself - it has been applied for weeks ago...).

The bigger issue is that the buyer of our house (or their solicitor) is refusing to exchange before they receive the building control certificate on an extension that was built over 25 years ago - we have only lived in the house for 4 years and it was never even mentioned when we bought the house - there is a reference saying that building control was approved in our searches - no certificate - perhaps they did not do them.

The Vendor is threatening to pull out as things are taking too long, so this is frustrating as I feel our buyer is being a bit silly?

I have a few questions in case someone with much more experience in buying and selling simultaneously can help:

1) Why does it take weeks to get a building control certificate? Surely they either have it or they do not.
2) Should I be expected to have one or should there be one for work done over 25 years ago?
3) Is our Vendor threatening to pull out a bit OTT or unjust when we are technically waiting for them (or their solicitor) to send us a certificate for work done in the last 10 years? I assume this is just scare tactics at this point.

Thanks,
S

Dan-Dan

I gave my solicitor my BR compliance certificate at our original meeting and the seller will first see that certificate on completion apparently

DaftyDuck

Dan-Dan wrote: »

I gave my solicitor my BR compliance certificate at our original meeting and the seller will first see that certificate on completion apparently

They will, in all likelihood, see a copy of it in the pack their solicitor sends out.

Well, receive a copy... quite a few buyers just seem to glance through the paperwork in a jiffy, and trust their solicitor and estate agent (sic) has done it all for them...

Dan-Dan

Ah OK , cheers mate, didnt know that

Samsonite1

Just a side-rant about the whole process.

The Vendor's estate agent has been so rude and aggressive throughout (probably normal, although I never encountered it on the previous 2 house purchases - but was not selling at the same time).

It took the Vendor 2 months to fill out their forms at the start of the process - we did ours within 24 hours - took a day off work to get all the certificates and documents and fill in all forms. So we have cause to be upset by the delay - in fact, we lost our seller due to the delay (due to April Stamp Duty changes). We also accepted a lower offer after this for the same reason. I just cannot believe how rude the Vendor's are being considering the time and financial issues they caused us and now they are threatening to pull out.

I would seriously consider pulling out myself just to annoy them.

Samsonite1

Further update: Turns out that the Vendor had refused to pay for the Building Control Certificate, yet have threatened to pull out. We are now paying for the certificates for both the Buyer and the Vendor - completely ridiculous - and we are being shouted at!

dc197

On the house you are buying, what work was done that you feel needs building control certification in order for you to buy?
If it is something minor like a conservatory I'd not let a missing certificate stall the process.
Don't forget that although the vendor is being slow, you are the one asking for the certificates.

Samsonite1

dc197 wrote: »

On the house you are buying, what work was done that you feel needs building control certification in order for you to buy?
If it is something minor like a conservatory I'd not let a missing certificate stall the process.
Don't forget that although the vendor is being slow, you are the one asking for the certificates.

The work is fairly major - two storey extension front, side and rear - makes up about 40% of the entire property. Our solicitor says the risk is too big to not see the certificate to make sure it accounts for all of this major work.

Hoploz

I know it's hard but try to see the bigger picture here. There will always be bolshie people who seem to hold all the cards, threatening this, that and the other, and there will always be the people in the middle who feel they're the ones doing all the giving and being sat on.

However, you are doing the sensible thing and keeping the chain together. In the big picture, the best outcome is (presumably) that the sale and purchase both go ahead. So try to remember that in 6 months time all this horribleness will be no more than a distant memory, and at most a talking point next time a friend is in the same position, moaning about their own horrible experience of moving. We've all got stories, it's par for the course unfortunately.

Hoploz

BTW if there are no actual certificates then an indemnity policy can be purchased. These policies are totally pointless in practice, but they can be a means to an end if a buyer's lender is refusing to proceed without the certificates.

Samsonite1

Thanks. I did know that buying and selling would be many times more painful than just buying which is why we always rented to make the sale quicker and put us in a better position for buying. My wife did not want to move twice and we have a child now, although i think moving twice would have preferable!