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Loft Conversion, Completion Certificate, Conveyancing Solicitor's Advice
nichekos
Posts: 14 Forumite
Hi all. Really would appreciate some advice. I know there a lot of threads on loft conversions and building regs, but I think this situation is slightly different to anything I can find.
In January this year, my wife and I (naive first time buyers) purchased our first property. The house was a repossession (and as such, a lot of 'standard' documentation from the sellers' side was absent). However, the house was in a great area and a quite amazing price.
One of our biggest concerns during the buying process was whether or not the loft conversion (master bedroom + ensuite, installed 5 or 6 years ago) had the correct building regs. Our surveyor was happy and reported the conversion to be in good condition - his only advice was to ensure all proper regs were in place too.
The local authority search was the final search to arrive. When it arrived, our conveyancing solicitor's accompanying letter stated: "The Search has revealed entries relating to a loft conversion in 2012. The fact there are entries relating to such in the Local Search result is evidence in itself that the works and installations were in compliance with building regulations. You may be asked to produce copies of these certificates in any future sale of the property but copies would be available from the Local Authority."
At the time - to us - that meant happy days and all systems go. The sale went through shortly afterwards and we hadn't given it a second thought since.
However... I'm not sure why, but I had an urge to revisit this last night. On reviewing the local authority search in detail, whilst the "Building Regulations Approvals" section has a 'Yes' next to it with details of the loft conversion, the "Building Regulations Completion Certificates" section states 'None'.
Does this mean my conveyancing solicitor got it wrong? And whilst the Building Notice etc was all fully approved, the work was never signed off with a Completion Certificate..? Or is it possible that Completion Certificates weren't routinely issued at the time (this was Dec 2012). Can there be any other explanation that I'm missing?
I think our options are:
1. Do nothing. Trust what the conveyancing solicitor said, we'll be able to get replacement certificates in 20 or 30 years time when we come to sell the house.
2. Buy our own indemnity insurance now. Although probably kind of non-nonsensical and pointless at this stage, as it's extremely unlikely the local authority would decide to come take a look?
3. Contact the local authority now and request the Completion Certificates... knowing this is a longshot and will likely lead to:
4. Pursuing a Regularisation Certificate. I understand there could be untold cost, time and disruption elements to this route. However, given that we're planning on living in this house for the next 20-30 years, and the loft will likely be one of the kids's bedrooms in future, I think this option will provide the most peace of mind (if the Completion Certificate was never originally issued). I'm guessing best case - everything was done correctly and monitored at the time, and it's simply a case of a few checks + issuing the Certificate. And worse case, the whole thing needs ripping out to check regs are met? Either way, is acting sooner probably going to be a more straightforward process, rather than trying to address this down the line when regs have probably changed again?
Are there any other sensible options I'm missing?
If I did pursue Regularisation and associated costs, do I have any redress on my conveyancing solicitor and their bad advice - or do I just put it down to my own fault for not thoroughly checking myself at the time? Also, what is the likelihood that pursuing the Regularisation Certificate will have any impact on my mortgage? What costs am I realistically looking at with Regularisation - anything from hundreds, to tens of thousands of pounds?
To note - aside from a slightly creaky floor, we haven't had any issues with the loft whatsoever since we moved in - currently using it as a games and shower room only, and on the surface at least, it all seems in great condition.
Any thoughts/advice massively appreciated. Already had one sleepless night over this! Hopefully no more to come. Thank you to anyone who reads and replies
In January this year, my wife and I (naive first time buyers) purchased our first property. The house was a repossession (and as such, a lot of 'standard' documentation from the sellers' side was absent). However, the house was in a great area and a quite amazing price.
One of our biggest concerns during the buying process was whether or not the loft conversion (master bedroom + ensuite, installed 5 or 6 years ago) had the correct building regs. Our surveyor was happy and reported the conversion to be in good condition - his only advice was to ensure all proper regs were in place too.
The local authority search was the final search to arrive. When it arrived, our conveyancing solicitor's accompanying letter stated: "The Search has revealed entries relating to a loft conversion in 2012. The fact there are entries relating to such in the Local Search result is evidence in itself that the works and installations were in compliance with building regulations. You may be asked to produce copies of these certificates in any future sale of the property but copies would be available from the Local Authority."
At the time - to us - that meant happy days and all systems go. The sale went through shortly afterwards and we hadn't given it a second thought since.
However... I'm not sure why, but I had an urge to revisit this last night. On reviewing the local authority search in detail, whilst the "Building Regulations Approvals" section has a 'Yes' next to it with details of the loft conversion, the "Building Regulations Completion Certificates" section states 'None'.
Does this mean my conveyancing solicitor got it wrong? And whilst the Building Notice etc was all fully approved, the work was never signed off with a Completion Certificate..? Or is it possible that Completion Certificates weren't routinely issued at the time (this was Dec 2012). Can there be any other explanation that I'm missing?
I think our options are:
1. Do nothing. Trust what the conveyancing solicitor said, we'll be able to get replacement certificates in 20 or 30 years time when we come to sell the house.
2. Buy our own indemnity insurance now. Although probably kind of non-nonsensical and pointless at this stage, as it's extremely unlikely the local authority would decide to come take a look?
3. Contact the local authority now and request the Completion Certificates... knowing this is a longshot and will likely lead to:
4. Pursuing a Regularisation Certificate. I understand there could be untold cost, time and disruption elements to this route. However, given that we're planning on living in this house for the next 20-30 years, and the loft will likely be one of the kids's bedrooms in future, I think this option will provide the most peace of mind (if the Completion Certificate was never originally issued). I'm guessing best case - everything was done correctly and monitored at the time, and it's simply a case of a few checks + issuing the Certificate. And worse case, the whole thing needs ripping out to check regs are met? Either way, is acting sooner probably going to be a more straightforward process, rather than trying to address this down the line when regs have probably changed again?
Are there any other sensible options I'm missing?
If I did pursue Regularisation and associated costs, do I have any redress on my conveyancing solicitor and their bad advice - or do I just put it down to my own fault for not thoroughly checking myself at the time? Also, what is the likelihood that pursuing the Regularisation Certificate will have any impact on my mortgage? What costs am I realistically looking at with Regularisation - anything from hundreds, to tens of thousands of pounds?
To note - aside from a slightly creaky floor, we haven't had any issues with the loft whatsoever since we moved in - currently using it as a games and shower room only, and on the surface at least, it all seems in great condition.
Any thoughts/advice massively appreciated. Already had one sleepless night over this! Hopefully no more to come. Thank you to anyone who reads and replies
0
Comments
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Option 1.
The house is bought. If your surveyor is happy with the condition of the loft conversion then no one else is going to take issue with it.
The fact that the loft conversion is even mentioned on the search means that there must have been an application. Perhaps it dodn't receive final sign off, but as you've probably read before, it's pretty common to forget to have the final inspection or to get bored chasing the electrician for his certificate which is needed to get the final sign off.
The main issue is safety. The fact it is on the search is reassuring - people avoiding BC don't tell BC at all, they don't spend over £1,000 on drawings and applications to ignore the regulations.
When you go to sell you or your buyers can purchase a policy then, if it's an issue.Everything that is supposed to be in heaven is already here on earth.
0 -
Your explanation of what is on the search doesn't quite make sense, by the way. You seemed to have referred to two different sections that both have exactly the same name. It's a bit confusing.
Either way, they know about it. It's not worth losing sleep over.Everything that is supposed to be in heaven is already here on earth.
0 -
Doozergirl wrote: »Your explanation of what is on the search doesn't quite make sense, by the way. You seemed to have referred to two different sections that both have exactly the same name. It's a bit confusing.
Either way, they know about it. It's not worth losing sleep over.
Thank you - yep the second part where it says "None" was under "Building Regulations Completion Certificates". Now edited. Thank you for your reply0 -
Do nothing now
Worse case scenario in reality is that when you come to sell the buyer will insist that you pay for the policy. That will likely be under 200 pounds. However if you plan to be in the property for a very long time then it’s unliekly a buyers lawyer would be bothered about a building regs completion certificate that’s 20 or so years old0 -
In 20-30 years you won't need the certificate and no one will care, you've already bought it, so presumably happy with the conversion - adding more expense after the horse has bolted doesn't seem like that sensible an ideaThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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