Missing building completion certificate

npd23

Hi guys, I'm currently in the process of purchasing a house that was fully converted from 1no. bungalow to 2no. semi detached chalets in 2003. I've had a homebuyers survey done and no major issues were picked up, however the surveyor stated a building completion certificate should be provided for the conversion works.

I have run this past my solicitor as she has stated that building regulations was picked up on the searches, but will request a copy from the seller. The seller has since responded that they can't find it within their paperwork and as it was picked up in the searches they wish to proceed to exchange and completion asap.

I've responded asking the seller to get a copy of the certificate from the council as it should be readily available. 

Is this the correct approach considering full renovation works (foundations to roof) took place to the entire house and this is not just an extension that wasn't signed off? Or should I not worry as it's structurally sound after 18 years? Does the fact the searches show building regulations were in place prove the works were signed off at each stage?

A further point to add is the seller is the owner of the building company that carried out the conversion works and he has owned it since then.

Any advice would be much appreciated.

StandingInTheSun

If it's been standing for 18 years it's probably structurally sound, however it depends on your attitude to risk.

Of more concern would be if you want to sell the property in the future, as the current seller's problem then becomes your one.

Personally I would insist on them getting the certificate - it is not expensive and if you're really keen you could offer to pay for it yourself - but if they say no, alarm bells would be ringing.

user1977

npd23 said:

I have run this past my solicitor as she has stated that building regulations was picked up on the searches, but will request a copy from the seller. The seller has since responded that they can't find it within their paperwork and as it was picked up in the searches they wish to proceed to exchange and completion asap.

Not sure what you mean by "picked up in the searches" as presumably you were already aware of the conversion - do you mean the search confirms that a completion certificate had been issued? If so, I'd be happy with that - getting a copy of the certificate is nice but it won't tell you anything more.

npd23

I've just had the following reply from my solicitor, does this sound sufficient?:

"As the Certificate has been revealed by the local search, this is evidence enough that the conversion was carried out in accordance with building regulation approval. The seller does not have the Certificate, and the seller could possibly obtain a copy from the local authority, but there is really no need and the Council will probably take a long time to provide it."

I'm completely new to this so not sure if I'm being overly concerned or should still request the paper copy. If the solicitor is adamant it's been found in the searches then I assume it's sound?

user1977

Why don't you trust your own solicitor's advice? Yes, what they're telling you is correct.

Jeepers_Creepers

Have you tried looking on the LA's Planning Portal? Enter the postcode and see what comes up. (Different authorities will be at different stages of getting their on-line records up to date, tho'.) You might even get a personal response by calling in to the council office and asking there how far building regs oversight got. In which case, also ask what it would take to get them to completion. And casually ask - "off the record" - what's this builder like?

So, 'Building Regs' were applied for? That's good. What you don't currently know is at what stages - if any - the BCO came out to peer into things like the foundations, check the build at wallplate height, roof structure, etc. If the LA's BC cannot provide this info - if they do not have it - then chances are, I guess, that the builder never bothered to call them out when he should have.

That would have been foolish and/or arrogant of him. Neither are good, but might not be the end of the world.

Demanding a retrospective completion cert now will likely not go down well. In theory (and usually practice) it would involve digging some test holes to check the foundations, knocking viewing holes for important lintels - that sort of thing. Your builder/seller will almost certainly not entertain this.

What would I do in this situation? First, as much due diligence as possible - see if any BC stages have been checked. If, say, the founds were checked and 'passed', that would be very significant. Then I'd try and get an idea of this builder's reputation in the area.

In your specific case, unless it stuck out in an obvious way that the guy was a short-cutting cowboy, the fact that he built this for himself and lived in it for 18 years would be quite reassuring to me. More so, I think, than if he built it and scappered.

How au fait are you with sensing the quality of a house build? Does it look good to you? Neatly finished inside and out? Well maintained?

If it's the house you want, provided the above doesn't throw up any horrors or causes for concern, most likely I would go for it in your shoes. But that has to be your call.

Even if you don't get a completion cert, as time goes on it'll matter less and less.

Unless the house falls down.

Which it won't.

Most likely.

(Also, there's nothing to stop you applying for a completion cert after you move in if you really really want to dot the 'i's and make it 'legit' and presumably easier to sell on later. Expect some cosmetic damage in the process, tho', and a bill of - ooh - around £2k? I personally wouldn't.)

I think checking the builder's reputation in the area would be a real biggie for me, tbh. There's barely any middle ground on this; he'll either be a 'builder of repute', or a 'cowboy'. For the former result, when you sell it'll be mentioned in the details that it was 'converted to a high standard by a local builder of high reputation...' which is absolute MUSIC to most people's ears; they MUCH prefer to hear this than a 'National Builder'. If, instead, it appears he's a bit of a cowboy, then that's not a problem either - you don't buy it... :-)

davilown

Jeepers_Creepers said:

Have you tried looking on the LA's Planning Portal? Enter the postcode and see what comes up. (Different authorities will be at different stages of getting their on-line records up to date, tho'.) You might even get a personal response by calling in to the council office and asking there how far building regs oversight got. In which case, also ask what it would take to get them to completion. And casually ask - "off the record" - what's this builder like?

So, 'Building Regs' were applied for? That's good. What you don't currently know is at what stages - if any - the BCO came out to peer into things like the foundations, check the build at wallplate height, roof structure, etc. If the LA's BC cannot provide this info - if they do not have it - then chances are, I guess, that the builder never bothered to call them out when he should have.

That would have been foolish and/or arrogant of him. Neither are good, but might not be the end of the world.

Demanding a retrospective completion cert now will likely not go down well. In theory (and usually practice) it would involve digging some test holes to check the foundations, knocking viewing holes for important lintels - that sort of thing. Your builder/seller will almost certainly not entertain this.

What would I do in this situation? First, as much due diligence as possible - see if any BC stages have been checked. If, say, the founds were checked and 'passed', that would be very significant. Then I'd try and get an idea of this builder's reputation in the area.

In your specific case, unless it stuck out in an obvious way that the guy was a short-cutting cowboy, the fact that he built this for himself and lived in it for 18 years would be quite reassuring to me. More so, I think, than if he built it and scappered.

How au fait are you with sensing the quality of a house build? Does it look good to you? Neatly finished inside and out? Well maintained?

If it's the house you want, provided the above doesn't throw up any horrors or causes for concern, most likely I would go for it in your shoes. But that has to be your call.

Even if you don't get a completion cert, as time goes on it'll matter less and less.

Unless the house falls down.

Which it won't.

Most likely.

(Also, there's nothing to stop you applying for a completion cert after you move in if you really really want to dot the 'i's and make it 'legit' and presumably easier to sell on later. Expect some cosmetic damage in the process, tho', and a bill of - ooh - around £2k? I personally wouldn't.)

I think checking the builder's reputation in the area would be a real biggie for me, tbh. There's barely any middle ground on this; he'll either be a 'builder of repute', or a 'cowboy'. For the former result, when you sell it'll be mentioned in the details that it was 'converted to a high standard by a local builder of high reputation...' which is absolute MUSIC to most people's ears; they MUCH prefer to hear this than a 'National Builder'. If, instead, it appears he's a bit of a cowboy, then that's not a problem either - you don't buy it... :-)

But they don’t need to - they have BC sign off from the searches