Selling house without building certificates

Stary

We are trying to sell our house- problem is we are without building certificates (didn't realise they were essential as we didnt need them to buy our house 4 years ago) they are for an extension in the 1970's and removal of chimney breast and internal walls sometime between then and when we brought the property.) Buyers lenders are insisting; but we have no certificates- we are happy to pay indemnity insurance for no certs but they wont accept this so we seem to be at a deadlock- what are the options? We bought the house 3 years ago. Obviously feel pretty stupid now- is our only option to sell to someone else or them to change lenders?

Thanks for any advice

letitbe90

The only other option is to get the work signed off now at your cost (not ideal and lengthy).

AdrianC

I presume it's actually the buyer's solicitor who is insisting?

Remember, the solicitor hasn't visited the house. He doesn't know the extension was built in the 70s. There's no need for BC paperwork for work that old. Nobody cares, even assuming it was issued in the first place, which it probably wasn't.

Have you explained the age of the work?

davidmcn

Stary wrote: »

we are happy to pay indemnity insurance for no certs but they wont accept this so we seem to be at a deadlock- what are the options?

Well, has anyone asked them what on earth they're expecting? Building control aren't going to be able to retrospectively certify something as complying with 1970s-era building regulations.

Anyone demanding paperwork for 1970s extensions is being absurd - I would usually draw the line at 20 years. I would suggest telling them that they either take a view or you'll remarket.

Though sometimes daft arguments like this are actually a delaying tactic because they've got some other issue they don't want to discuss with you.

Stary

Just a quick update- we have now exchanged contracts; we submitted pictures from several previous sales showing how old extension was and they have agreed to accept indemnity insurance for wall changes.

G_M

Stary wrote: »

Just a quick update- we have now exchanged contracts; we submitted pictures from several previous sales showing how old extension was and they have agreed to accept indemnity insurance for wall changes.

Glad you got the sale sorted, though the insurance is pointless.


LocalAuthoity ha 4 yearstoenforceBuilding Regs, so work done so long ago will


* never come to their attentions and
* if it does, will never result in enforcement action


The insurance, of course, won't cover shoddy workmanship, so again is pointless for the buyer.

Davesnave

G_M wrote: »

Glad you got the sale sorted, though the insurance is pointless.

LocalAuthoity has 4 years to enforceBuilding Regs, so work done so long ago will


* never come to their attentions and
* if it does, will never result in enforcement action


The insurance, of course, won't cover shoddy workmanship, so again is pointless for the buyer.

While I agree with your thoughts on this, the time to enforce building regs is a little different from 4 years:

https://www.planningportal.co.uk/info/200128/building_control/38/building_regulations/3

Four years relates to a lack of planning permission. Remember the case of Mr Fidler and his house/castle hidden for 4 years behind straw bales?

For some breaches of planning permission. e.g. restrictions on occupation to certain classes of persons (local occupancy, agricultural ties etc) exemption from a potential forced sale through non-compliance happens after 10 years. Don't ask me how I know!