Buyer seeking building control documents

mroshaw

I have had some survey queries from my buyer, that I'm unsure how to handle. I bought the house in 2006 and I've done no significant work to the property since. They are requesting:

1. Building Regulation Consent: for the removal of a section of the partition wall between the dining room and living room. They are asking for evidence that the work that was done was done in accordance with building regs
   
2. Electrical Installation Certificate: they claim that the ECU / fuse box "looks" like a recent installation (it isn't). They are asking for evidence that the ECU was fitted in accordance with building regs
   
3. FENSA certificate: the property is double glazed, but not by me, and they're looking for a guarantee and a FENSA certificate, whatever that might be

I don't have any of these documents, so I was wondering:

1. Are these reasonable requests? They don't sound unreasonable, but I wonder how many other people have a FENSA certificate for their double glazing!
2. Is there anywhere I can obtain these documents? For example, from the local council building control?

Many thanks for your help!

davidmcn

They're all reasonable requests. Doesn't necessarily mean there aren't alternative solutions if you don't have them to hand. Isn't your solicitor providing any guidance to you? Best not to contact the council yet in case indemnity insurance is an option.

SmashedAvacado

Building Regulation Consent: are you sure that this was needed for the removal of part of the partition wall? Was it structural?

HampshireH

You can check with Fensa if they certified the installatiom of windows or not. https://www.fensa.org.uk/fensa-certificate

You can search and will then need to pay if they have one. Install would need to be post 2002 and may not have been fensa approved could be another company

ThePants999

davidmcn wrote: »

They're all reasonable requests. Doesn't necessarily mean there aren't alternative solutions if you don't have them to hand.

To be clear, it also doesn't mean that you're in trouble if you CAN'T find an alternative solution. While it's worth seeing what you can dig up, don't panic if you have to respond with "not available".

Rodders53

Did you / your solicitors not ask for them when you bought in 2006 - 12 years ago? Check your files?

Some Councils have the Building Regulations notifications/approvals data online and searchable. This can include window/door self-certify schemes like FENSA and CERTASS who may be able to supply certificates, if essential?

Or just tell them you don't have them and that nothing has been done by you since 2006.... and that they can buy your house, or not. Stuff done over 10 years ago will have no guarantees or anything useful to a buyer any more.

Sometimes reckon it's a Conveyancers' scam to sell indemnity insurances that can't be ever realistically claimed on.

ACG

Just get an indemnity policy and all should be fine. Cost should be around £100 mark but will vary depending on the solicitors and the value of the property.

Owain_Moneysaver

Building Regs will be required for the removal of any wall. It doesn't matter if it's "structural" or not. It can be non-load-bearing but still be required for eg means of escape in event of fire.

However, there are several possible responses. More than one may apply:

1. The work was done and notified to the local council. Many councils have their building control registers online so you can check without alerting the council to any possible problem.

1a. The work was registered with a self-certification body such as FENSA, but they or the contractor didn't also notify the local council.

2. Building regulations are normally only enforceable for one year after the work is done, unless the building is actually dangerous and subject to a dangerous buildings notice. So there is not going to be any enforcement action possible.

3. You can't supply what you don't have. "All work was done by previous owners prior to 2006 and no certificates were made available by previous owners to the current vendor" is a full reply.

4. Any indemnity policy would be for the buyer's benefit and is up to the buyer to arrange at their own cost and to the extent of cover they decide, bearing in mind point (2) above.

mroshaw

Thank you all so much for the detailed and useful replies!

My solicitor hasn't been brilliant - basically suggested that I pay for an indemnity insurance policy at £120.

As it is, I've dug back through the documentation from my purchase of the property and found a copy of the ECU installation certification from January 2002, so that's a big tick in the box!

No evidence whatsoever of any internal structural work, though, not even a mention in my survey report. I think I'll go with option 3 for this one, although I may submit a request to the council if the buyers really push back.

For the double glazing, there's nothing returned from a FENSA search (thank you SO much for pointing me at that site - I'd never have thought I could search!), so option 3 here as well.

My interpretation of the request was that the ECU evidence was the main concern, so hopefully I'll be golden with the other bits.

Thanking you all very much indeed for taking the time to reply!

ThePants999

If you submit a request to the council, it will no longer be possible to buy an indemnity policy. Don't do that without your solicitor's advice.

Personally I agree with Rodders that indemnity policies are a scam, but sometimes making an issue just bloody go away is worth the price even if it should never have been an issue in the first place. But you can at least start with an opening bid that if your buyers care so much, THEY can buy the damned policy.

Sanne

We were in a similar position (as buyers) - vendor had bought the house in 2007 and didn’t have FENSA certificates or any knowledge of when the electrical installation was done. Surveyor also advised a wall had been removed and replaced with a glazed partition wall but I didn’t quite believe that as every single property in the development that had photos on Rightmove has the same type of wall!

In the end, we went ahead with an indemnity policy for the wall (£25 each for vendor and us each) on the advice of the solicitors and didn’t worry about the rest. Wondered though how it never came up when they purchased!