Missing building completion for original house

Gyan55

Hi. I'm a first time buyer in the process of buying a house built in 2002. A garage conversion to study was undertaken in 2005. Our solicitor has raised the concern that the Building Completion Certificate (for the entire house) is missing. Funnily enough they have the completion certificate for the Garage conversion.
Seller has contacted the council to retrieve the certificate. Council has searched their archive couple of times but came up with nothing. They believe it's misplaced or never have been done. Seller says council has declined to do a retrospective inspection as the property is 14year old. Instead council will issue a letter stating "no enforcement action" will be taken.

We have done a full building survey of the house independently and the report states no problem and house is in good state.

Our concern is we may face issues while selling the house as just like us new buyers will be nervous about not having the certificate.
Is there an issue/risk if we proceed after council provides the said letter?

Really appreaciate your feedbacn.

AnotherJoe

I've never been asked for a building completion certificate on any house I've sold, have never required one when buying, and I certainly haven't got one for the one I'm in.

Once ten years have passed, then NHBC guarantee is gone, as is council ability to enforce (as you've seen, plus that letter from council is merely stating the legal position, its not actually needed by you). So what use would this certifcate be in say 5 + years time if/when you sell it, when the house will be circa 20 years old?

I would just get on and buy it if you like it, which presumably you do.

davidmcn

It's fine, take it and move on. I presume that's what your solicitor would advise too (your solicitor has given you advice, haven't they?).

AnotherJoe

davidmcn wrote: »

It's fine, take it and move on. I presume that's what your solicitor would advise too (your solicitor has given you advice, haven't they?).

IME solicitors will be in *** covering mode, and will never advise you to proceed until the teeniest scrap of useless certification has been accumulated. People say they work for you but they do a better job making sure you cant sue them.

davidmcn

AnotherJoe wrote: »

IME solicitors will be in *** covering mode, and will never advise you to proceed until the teeniest scrap of useless certification has been accumulated. People say they work for you but they do a better job making sure you cant sue them.

In this situation there's no more certification that can be accumulated so (even as an ****-covering solicitor) I would be telling my client to get on with it.

AnotherJoe

davidmcn wrote: »

In this situation there's no more certification that can be accumulated so (even as an ****-covering solicitor) I would be telling my client to get on with it.

Well, lets see what the OP says. I'm always happy to be corrected.
OP, as davidmcn asks, what has your solicitor advised ? (I'm betting on the usual "indemnity insurance" approach).

davidmcn

AnotherJoe wrote: »

(I'm betting on the usual "indemnity insurance" approach).

I hope not, given that the council has already been tipped off so any insurance would be invalid.

Bossypants

davidmcn wrote: »

I hope not, given that the council has already been tipped off so any insurance would be invalid.

Plus the council have said they have no interest in taking any kind of action on it, and are willing to put that in a letter, so the threat that the insurance would be guarding against has already been confirmed not to exist.

AnotherJoe

Bossypants wrote: »

Plus the council have said they have no interest in taking any kind of action on it, and are willing to put that in a letter, so the threat that the insurance would be guarding against has already been confirmed not to exist.

Plenty of examples here where buyers or lenders or solicitors have insisted upon these useless indemnity insurances. The fact the council are willing to put it in a letter is pretty much irrelevant, its tantamount to them saying "we agree we wont take action outside the law". But their solicitor still seems to be fretting or maybe i misread that, but given the solicitor should know the council cannot take action, why raise it, rather than point out they are now home free due to the passage of time??

Gyan55

Thank you all for your response. Appreciate it. Solicitor mentioned this situation to the lender , and they seem to be ok with it. I hope re-mortgaging will not be an issue without this? Not sure if lenders ask for completion certificate? I feel most lenders will be ok with this. Any thoughts?

How about the building insurance? I feel I should make them aware of this situation before taking out insurance; as I don't want them to walk away on the grounds of no disclosure of issue.

Thrugelmir

AnotherJoe wrote: »

IME solicitors will be in *** covering mode, and will never advise you to proceed until the teeniest scrap of useless certification has been accumulated. People say they work for you but they do a better job making sure you cant sue them.

Solicitor jointly works for the lender. Lender pulls the strings.