Lack of Final Certificate for Building Regulations

arciere

I am in the process of buying my first property. Our solicitor (I am buying with my partner) has just informed us that one of the local searches has highlighted a lack of Final Certificate for Building Regulations for some works carried out back in the 80s, probably around 1984 (a 2-storey extension).

The documents show that the Council was aware of these works, however there is a letter from them to the then-owner (or builder) in 1987 saying that a Final Inspection had not been made, advising to book an appointment for this. This letter probably never got a reply, to my understanding.
In addition to this, solicitor also mentioned that there is no evidence for any application for Building Regulations.

My understanding reading all the emails between our solicitor and the seller's, is that they are proposing Building Regulations Indemnity Policy. Having spent some time on Google, I am worrying that such policy would not be valid as the Council is (was) aware of these works and of the lack of a final inspection.

The current owners bought the property some 10 years ago, so well after these works took place. Is it possible that they were not aware of the issue?
Is there anything else that can be done to limit the potential risks, apart from asking for a proper certificate?

We really like the property, but obviously we are not prepared to take big risks.

In case it helps, we did have a Homebuyer Survey, which didn't reveal any major problems with the property.

Surrey_EA

arciere wrote: »

Is there anything else that can be done to limit the potential risks, apart from asking for a proper certificate?

We really like the property, but obviously we are not prepared to take big risks.

In case it helps, we did have a Homebuyer Survey, which didn't reveal any major problems with the property.

What do you consider the risk to be?

If there were any problem with the way the work was completed it is highly likely that this would now have become obvious.

Whilst it is not absolutely impossible, it is highly, highly unlikely that the council would be interested in taking any enforcement action, especially after all this time.

davidmcn

arciere wrote: »

Is there anything else that can be done to limit the potential risks

The potential risks are almost zero for any works done 34 years ago. I wouldn't bother looking into it further if it's more than 20 years old.

ThePants999

Risks comprise two elements - the probability of a negative outcome, and how negative that outcome is. What you're looking at here is a one-in-many-thousands chance of incurring a cost in the thousands. I wouldn't worry.

silvercar

My understanding reading all the emails between our solicitor and the seller's, is that they are proposing Building Regulations Indemnity Policy. Having spent some time on Google, I am worrying that such policy would not be valid as the Council is (was) aware of these works and of the lack of a final inspection.

You are right in that you may struggle to claim on the policy, I would be happy with it on the grounds that (a) the work was done ages ago, so problems should have shown themselves by now (b) you've had a survey that you are happy with (c) the policy will satisfy a mortgage lender who may require it.

arciere

The work was done approx 34 years ago (that's when the plan was approved by the council) and the Homebuyer survey did not reveal anything suspicious, apart from some minor defects (decorations on walls, etc...).
Our solicitor will get in touch with our lender shortly to tell them about the issue.

Apart from that, will the buildings insurance get affected in any way?

G_M

Surrey_EA wrote: »

....
If there were any problem with the way the work was completed it is highly likely that this would now have become obvious.
.... it is highly, highly unlikely that the council would be interested in taking any enforcement action, especially after all this time.

The potential risks are almost zero for any works done 34 years ago.

What you're looking at here is a one-in-many-thousands chance of incurring a cost in the thousands.

Why is everyone exaggerating?

The risk is way smaller than is being suggested above.......

davidmcn

arciere wrote: »

will the buildings insurance get affected in any way?

No, in the same way that it isn't affected by the (presumed) fact that you haven't seen building regulation paperwork for the original construction of the house.

Fed

This is by no means advice but two weeks ago I completed on a property with no building regs for the removal of an internal wall and paperwork for the boiler install and some windows all done 10+ years ago. My solicitor was happy with an indemnity policy but I was very concerned especially after chatting to my surveyor who essentially insisted I must get a last minute price reduction so I could get the works signed off officially even though there were no visible issues because it could lead to trouble with insurers. I spoke to a couple of insurers, one said they would potentially have an issue, one said so long as no obvious structural problems (massive cracks etc) when we took on the policy then it's no problem. I proceeded without a reduction and now i've moved in my fears are slowly fading

For works so long ago and if the surveyor didn't see any issue my view would be that it's fine. Ring round different issuers asking for quotes and clarify if they are happy to insure on the property without the building regs.

klasing

Sorry to hijack this post, but were selling a property (not the one the OP is buying - ours was built in 2011) and are having the same problem, no completion certificate. Going through all our purchase documents I have found a Land Registry C1 or CI certificate - is this a completion certificate (I have absolutely no idea what one should look like!)

Davesnave

G_M wrote: »

Why is everyone exaggerating?

The risk is way smaller than is being suggested above.......

.....Especially as certificates were probably not issued at that time in the way they are now.

I know this, because I suddenly discovered a lack of a certificate for our extension when we were last selling in 2007. I rang my local council to 'confess' and their officer reassured me, saying that they'd recorded the work as complete.

"We didn't issue certificates then, he added, "but I'll send you one anyway, if it'll make things easier."

He did!

Can't you just tell this all occured before the tsunami of austerity struck! :rotfl: