No building regulations approval - help!

zccad20

We recently had some internal work completed in our ground floor flat - renovated kitchen, two renovated bathrooms (with some plumbed elements moved around, inc showers + toilets), new electrics, and replacement windows / french doors at the back of the building. This is my first experience of managing this kind of project, so I definitely went in with some naivety regarding aspects of the process.

I was, however, aware of and very concerned about building regulations compliance, so (in advance of the start date) repeatedly questioned my builder about the process: what accreditation they had to self-certify elements of the contract, what certificates they would provide, who would file the building notice with the council for elements they couldn't self-certify, and so forth. My builder assured me that certification would be provided for every aspect of the job that fell under building regs, and (explicitly) that he would notify the council of the works / file the building notice...all of which I have in writing. The work is now complete and the builder has provided certificates for the electrical work + boiler replacement in the kitchen, but is refusing to provide any certification for the plumbing work in the bathrooms, nor the window/door replacements at the back of the flat. I am currently withholding the final payment (about £2k), while I work out how to resolve this issue. I'd be really grateful for any views/wisdom on the following: 

- Now that the work is complete my understanding is that only the Council can provide retrospective certification ("regularisation") - is this correct? There's no private option? 
- I understand that in strictest legal / regulatory terms I should obtain certification for the bathroom plumbing and window/door replacements, but anecdotally (and from asking friends who have had similar work carried out) it seems that it's quite common for bathroom refits / window+door replacements to be carried out without certification, these being relatively routine/minor jobs. How likely is a buyer's solicitor in 3/4 year's time to question the lack of certificates for these jobs, and (assuming that no defects emerge in the interim), is this likely to be a major sticking-point for a prospective future buyer? 
- I'm slightly concerned that involving the council at this stage via the regularisation process might end up creating more hassle that it's worth, particularly given that the jobs under question seem to be quite minor/low risk. For instance: presumably it will be impossible to certify the plumbing work in the bathrooms without ripping fixtures out / ruining the work, so perhaps it will be safer just to take the risk and leave in place? Do I run the risk of creating a 'black mark' against my name/address by even raising a query with the council / alerting them to the situation? Would it be safer to just offer a prospective future buyer indemnity insurance against the council finding out about the uncertified work? 
- Am I justified withholding payment to my builder? I understand that the onus of responsibility falls on the home owner for building regulations compliance, but I feel that I was deliberately misled throughout the project by the builder, who repeatedly reassured me that he would take responsibility for the certification process/alert the council to the works. Does he have any legal recourse against me? We have no written contract, because the builder never signed one (despite our repeated requests!)

Many thanks
W

Martian2035

We didn't have building regs for some work on our roof, but were just asked to provide indemnity insurance when we sold. It was inexpensive and pretty routine. I can't imagine this is something that's going to impact a house sale, but am happy to be advised otherwise.

Doozergirl

Plumbing isn't notifiable under building regs. 

It's only the windows that you're missing.  Have you got Fensa or Certass certificates?   If you don't, the replacement windows can be checked by building control for a relatively modest fee.   They just look at the marks on the glass! 

This isn't 'regularisation'.  The work has only just been done!  It's a new application.  They'd only inspect replacement windows when finished. 

You don't need an overarching certificate for what you've described.  Everything could have been self certified.  

Sort the windows, that's the only fee you need to hold back. 

zccad20

Doozergirl said:

Plumbing isn't notifiable under building regs. 

It's only the windows that you're missing.  Have you got Fensa or Certass certificates?   If you don't, the replacement windows can be checked by building control for a relatively modest fee.   They just look at the marks on the glass! 

This isn't 'regularisation'.  The work has only just been done!  It's a new application.  They'd only inspect replacement windows when finished. 

You don't need an overarching certificate for what you've described.  Everything could have been self certified.  

Sort the windows, that's the only fee you need to hold back. 

Thanks for your response, very helpful! My understanding that the bathroom plumbing and door replacements fell under building regs is based on this source - is the info incorrect? labc.co.uk/homeowners/homeowners-guide-building-regulations/do-i-need-building-regulations-application-quick-list 

Falafels

Is your builder FENSA/CERTASS registered? If so, there's no need to get the local authority involved; they will need to inspect if you'd done it yourself, or if it had been done by an uncertified tradesman.

Within my experience, the certificates can take a few weeks to arrive. 

Justonemorecupoftea

I think the key there is "new" bathroom. You said in your op that it was renovations e.g. you had 2 bathrooms, you still have 2 bathrooms, you haven't added a new one.

The door (assuming external here) could be done at the same time as the windows.

Doozergirl

Justonemorecupoftea said:

I think the key there is "new" bathroom. You said in your op that it was renovations e.g. you had 2 bathrooms, you still have 2 bathrooms, you haven't added a new one.

The door (assuming external here) could be done at the same time as the windows.

All of this.

zccad20

Justonemorecupoftea said:

I think the key there is "new" bathroom. You said in your op that it was renovations e.g. you had 2 bathrooms, you still have 2 bathrooms, you haven't added a new one.

The door (assuming external here) could be done at the same time as the windows.

Indeed - that's my hope - but we did have plumbed-in elements of the bathrooms moved from one location to another, which involved new drain connections. From the link I shared above, it looks like this falls under building regs. Of course I have no idea whether a buyer's solicitor would ask about this or not....

zccad20

Falafels said:

Is your builder FENSA/CERTASS registered? If so, there's no need to get the local authority involved; they will need to inspect if you'd done it yourself, or if it had been done by an uncertified tradesman.

Within my experience, the certificates can take a few weeks to arrive. 

Unfortunately not - he assured me before the work began that he would self-certify everything he could (for instance he subcontracted an electrician with the correct accreditation to do this) and would alert the council to certify everything else, but now the work is complete and suddenly the messaging has changed. 

Doozergirl

zccad20 said:

Justonemorecupoftea said:

I think the key there is "new" bathroom. You said in your op that it was renovations e.g. you had 2 bathrooms, you still have 2 bathrooms, you haven't added a new one.

The door (assuming external here) could be done at the same time as the windows.

Indeed - that's my hope - but we did have plumbed-in elements of the bathrooms moved from one location to another, which involved new drain connections. From the link I shared above, it looks like this falls under building regs. Of course I have no idea whether a buyer's solicitor would ask about this or not....

Only if there are new connections to the drains outside that involves the inspection chamber. 

Jigging things about before the drains hit ground level is fine! 

zccad20

Doozergirl said:

zccad20 said:

Justonemorecupoftea said:

I think the key there is "new" bathroom. You said in your op that it was renovations e.g. you had 2 bathrooms, you still have 2 bathrooms, you haven't added a new one.

The door (assuming external here) could be done at the same time as the windows.

Indeed - that's my hope - but we did have plumbed-in elements of the bathrooms moved from one location to another, which involved new drain connections. From the link I shared above, it looks like this falls under building regs. Of course I have no idea whether a buyer's solicitor would ask about this or not....

Only if there are new connections to the drains outside that involves the inspection chamber. 

Jigging things about before the drains hit ground level is fine! 

ah, great - that is good to know! Phew! Many thanks for your inputs!