New Build, Fire Safety Cert and Building Control - not signed off before legal completion

Celes

Hi All,

Just wondering if anyone has experience of this. 
I am buying a new build property. It is essentially complete and some people have already moved into the building. Yet today, after I asked questions, I was told that they did not yet have a fire safety cert and would not arrange one until the building was 'substantially completed' and handed over to the managing agent. Not only that, building control had yet to sign off for building regs and so NHBC had not yet got a certificate. NHBC are building control. They say completion is going to be 31st March, but still didn't give me an idea on the date building control would sign off. 

I am a bit confused by the process. I would have thought that you can't move people into a new build unless it had passed building control ... and in today's climate also got a fire safety certificate. I can't imagine they have used materials that are combustible, they have had enough warnings over the last 2 years, but still - a lack of certificate is not great. The valuer has said it's ok from her surface check and the lender has not asked any questions. However, signing that contract before the end of march, as they want me to do, would mean that I could be buying something that is not safe or regulated (or could fail). 

Am I being too fussy, or is there something odd about the timeline here.

davidmcn

Can you clarify what you mean by "fire safety certificate"? Buildings regulations include fire safety.

pinkteapot

Your solicitor will advise you against completing until all that paperwork is in place and if you're buying with a mortgage, the mortgage company won't release the funds (so you won't be able to complete) until the warranty's in place. 

We bought a new build last year and completion was delayed for 2-3 weeks simply because the warranty company had a backlog in issuing Building Completion certificates and warranty certificates. 

You've still got a few weeks so it may just be they're confident that it'll all be sorted before the 31st...

Just one thing though - you mention "signing the contract". You do that before exchange, not completion. It's perfectly normal on a new-build to exchange contracts before the paperwork's issued, as often the house is still being built when you exchange... You then complete when the house is ready - which means both physically finished and with all appropriate paperwork issued.

Owain_Moneysaver

No such thing as a "fire certificate" now.
Building Control can issue a temporary occupation certificate to allow the building to be lawfully occupied before the Building Regs completion certificate is available. 

Celes

There might not be a 'fire certificate', but I mean all of the new regulations and advice notes about external wall fire safety of current buildings in light of the cladding scandal. They are producing reports that are based on intrusive tests on the walls to see what is in them and if they are satisfactory. In part it's to reassure lenders, but mine either didn't ask during the valuation or were reassured by what they were told, I don't know..

Sorry, I meant signing contracts before exchange, however the builders were being aggressive over how fast they wanted completion as well - ideally before the end of March. At one point they were even trying to suggest I complete on the same day. 

I don't trust my solicitor or the builders solicitors. Today, the other side suddenly magic up a letter after I asked more probing questions that in effect appears to double up as the 'cert', or at least qualified professional guidance on the fire safety where they did those physical tests in the walls of the materials. Not entirely sure if the builders solicitors just didn't bother to check with their client before replying to me that they didn't have one, or if together they were trying to hide something. Because, surprise, it does have some combustible insulation in the otherwise brick walls - Euroclass B. However the letter seems to say that with explanations as to why it was used, they say it meets the government advice note. And all combined they are still wanting to exchange by next friday or they are threatening they will pull out. 

On the other hand, my solicitor, despite being from a big firm, is not really giving any advice. It was my idea to ask all these questions not his. I had to chase him to even get replies (I doubt he even asked for it weeks ago as I instructed, which doesn't help with the builders if they just thunk I am being fussy last minute). He has forwarded on this new letter without even passing any comment whatsoever. He's hopeless.

The builders solicitor has even said they are now not answering any more questions, which is ridiculous. And didn't even answer the question about building control / completion certs. If what you're saying is true (rang NHBC today and they said similar), the warranty won't work without it. So how on earth the builders solicitors thought it was ok to tell me that building control was not signed off, not even suggest a date it might be and act in their wording like I am being a nuisance, and then expect for everything to proceed at the same aggressive pace, I have no idea. 

Anyway, now not entirely sure what I am going to do. 

rachel230

Pull out. This will go on for years. In the meantime people can't sell, can't mortgage, can't remortgage when their deal runs out so are paying thousands more when moved to standard rate.