Building regs certificate without electrical installation certificate

ejeavons

Hi all 👋🏻 many thanks in advance for any advice. 

We are (all being well) first time buyers a few weeks away from completion and today I got a call from our seller’s estate agent to ask if I am happy with an indemnity insurance policy… first I’ve heard of it, directed them to our solicitors. 

It has come to light that the sellers are offering us an indemnity policy as they do not have (not sure yet whether lost or never obtained) an electrical installation certificate for two extensions to the property. They have however already sent us the building regulations compliance certificate for the extensions, and I’m a bit confused as to how they have one but not the other. Does anyone know/ has experienced this or can explain to me?

I’m concerned as well that it appears they were trying to get this agreed with us directly through the estate agent, rather than through the solicitor, though it does appear to have been shared with our solicitors after 18 days of waiting, and the estate agent called me to “chase” after less than 24hrs 🙄 

The sellers have already been a bit cagey when asked for planning permission for said extensions and have since advised this was not needed as they were permitted developments. Our surveyor found some issues with the extensions, including an ongoing leak in the skylight and two of four sides not fully rendered, so I am not filled with optimism about the extensions as it is, but we have sucked it up and agreed to take on what we need to rectify there. 

Our solicitor said that from a legal standpoint they would accept the indemnity policy, however pointed out that it does not cover defects… surely it should, especially if any defects that occur are due to the installation not being completed by a competent person?!  I am very much a follow the rules to the letter sort of person, and on things like electrics and gas, I don’t think there are is any room for grey areas…

Thanks again! 

canaldumidi

ejeavons said:

....

Our solicitor said that from a legal standpoint they would accept the indemnity policy, however pointed out that it does not cover defects… surely it should, especially if any defects that occur are due to the installation not being completed by a competent person?!  I am very much a follow the rules to the letter sort of person, and on things like electrics and gas, I don’t think there are is any room for grey areas…

The insuance will only pay out in the event of the council enforcing Building Regulations eg by making you re-wire the extension.

However enforcement can only happen within 12 months of the works being completed. How old are the extensions? Even if within 12 months, what are the chances of the council popping round to inspect........?

The insurance will not cover poor workmanship etc. For that you need an electrical inspection.

Have you checked whether the extensions do, indeed, fall within 'Permitted Development', or whether PP was required?

ejeavons

canaldumidi said:

ejeavons said:

....

Our solicitor said that from a legal standpoint they would accept the indemnity policy, however pointed out that it does not cover defects… surely it should, especially if any defects that occur are due to the installation not being completed by a competent person?!  I am very much a follow the rules to the letter sort of person, and on things like electrics and gas, I don’t think there are is any room for grey areas…

The insuance will only pay out in the event of the council enforcing Building Regulations eg by making you re-wire the extension.

However enforcement can only happen within 12 months of the works being completed. How old are the extensions? Even if within 12 months, what are the chances of the council popping round to inspect........?

The insurance will not cover poor workmanship etc. For that you need an electrical inspection.

Have you checked whether the extensions do, indeed, fall within 'Permitted Development', or whether PP was required?

Hello - the extensions were built in 2019 so that seems to cover us. I had thought it was 10 years rather than 12months for some reason. 

I think we are going to push for them to complete an electrical inspection and see what they say. 

Yes we’ve checked and are content it does fall within a permitted development - I’ve never known so much about building regs before!!

canaldumidi

ejeavons said:

canaldumidi said:

ejeavons said:

....

Our solicitor said that from a legal standpoint they would accept the indemnity policy, however pointed out that it does not cover defects… surely it should, especially if any defects that occur are due to the installation not being completed by a competent person?!  I am very much a follow the rules to the letter sort of person, and on things like electrics and gas, I don’t think there are is any room for grey areas…

The insuance will only pay out in the event of the council enforcing Building Regulations eg by making you re-wire the extension.

However enforcement can only happen within 12 months of the works being completed. How old are the extensions? Even if within 12 months, what are the chances of the council popping round to inspect........?

The insurance will not cover poor workmanship etc. For that you need an electrical inspection.

Have you checked whether the extensions do, indeed, fall within 'Permitted Development', or whether PP was required?

Hello - the extensions were built in 2019 so that seems to cover us. I had thought it was 10 years rather than 12months for some reason. 

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

ejeavons

canaldumidi said:

ejeavons said:

canaldumidi said:

ejeavons said:

....

Our solicitor said that from a legal standpoint they would accept the indemnity policy, however pointed out that it does not cover defects… surely it should, especially if any defects that occur are due to the installation not being completed by a competent person?!  I am very much a follow the rules to the letter sort of person, and on things like electrics and gas, I don’t think there are is any room for grey areas…

The insuance will only pay out in the event of the council enforcing Building Regulations eg by making you re-wire the extension.

However enforcement can only happen within 12 months of the works being completed. How old are the extensions? Even if within 12 months, what are the chances of the council popping round to inspect........?

The insurance will not cover poor workmanship etc. For that you need an electrical inspection.

Have you checked whether the extensions do, indeed, fall within 'Permitted Development', or whether PP was required?

Hello - the extensions were built in 2019 so that seems to cover us. I had thought it was 10 years rather than 12months for some reason. 

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

That’s really helpful, thank you, I had been on that site but must have missed that section. It just seems so odd that they have the building regs completion certificate and not the EIC - perhaps the former covers it off…

ProDave

Instruct an electrician to perform an EICR. Electrical Installation condition Report.  That will tell you all you need to know about the state of the wiring.

ss2020jd

I posted a similar query recently where there was building regs completion certificate/ sign-off, which I would have taken as acceptable, as I don’t believe this can be issued unless they have actually seen sight of the electrical installation certificate, or they inspected the electrical work themselves as part of the sign-off. Original thread here: https://forums.moneysavingexpert.com/discussion/comment/78573062

I checked online for a record of certificate as well, but nothing there either. It might be worth checking as well http://www.checkmynotification.com/ or you can find out more here: https://www.niceic.com/find-a-contractor/building-compliance-certificate-check

In our seller’s case, it was suggested that if they couldn’t find it they could do an electrical installation condition report, but again, I didn’t want to hold things up. I would have done this on moving in (and still might). However, the certificate was found and sent over in the end. I hope you get yours sorted. 

Doozergirl

ejeavons said:

canaldumidi said:

ejeavons said:

canaldumidi said:

ejeavons said:

....

Our solicitor said that from a legal standpoint they would accept the indemnity policy, however pointed out that it does not cover defects… surely it should, especially if any defects that occur are due to the installation not being completed by a competent person?!  I am very much a follow the rules to the letter sort of person, and on things like electrics and gas, I don’t think there are is any room for grey areas…

The insuance will only pay out in the event of the council enforcing Building Regulations eg by making you re-wire the extension.

However enforcement can only happen within 12 months of the works being completed. How old are the extensions? Even if within 12 months, what are the chances of the council popping round to inspect........?

The insurance will not cover poor workmanship etc. For that you need an electrical inspection.

Have you checked whether the extensions do, indeed, fall within 'Permitted Development', or whether PP was required?

Hello - the extensions were built in 2019 so that seems to cover us. I had thought it was 10 years rather than 12months for some reason. 

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

That’s really helpful, thank you, I had been on that site but must have missed that section. It just seems so odd that they have the building regs completion certificate and not the EIC - perhaps the former covers it off…

It does... 

ejeavons

@ss2020jd that’s so helpful, thanks so much for sharing. 

Nothing on nothing on checkmynotification.com unfortunately. 

Hopefully it turns up, or I feel slightly more reassured now that the building regs completion certificate covers it

ejeavons

Doozergirl said:

ejeavons said:

canaldumidi said:

ejeavons said:

canaldumidi said:

ejeavons said:

....

Our solicitor said that from a legal standpoint they would accept the indemnity policy, however pointed out that it does not cover defects… surely it should, especially if any defects that occur are due to the installation not being completed by a competent person?!  I am very much a follow the rules to the letter sort of person, and on things like electrics and gas, I don’t think there are is any room for grey areas…

The insuance will only pay out in the event of the council enforcing Building Regulations eg by making you re-wire the extension.

However enforcement can only happen within 12 months of the works being completed. How old are the extensions? Even if within 12 months, what are the chances of the council popping round to inspect........?

The insurance will not cover poor workmanship etc. For that you need an electrical inspection.

Have you checked whether the extensions do, indeed, fall within 'Permitted Development', or whether PP was required?

Hello - the extensions were built in 2019 so that seems to cover us. I had thought it was 10 years rather than 12months for some reason. 

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

That’s really helpful, thank you, I had been on that site but must have missed that section. It just seems so odd that they have the building regs completion certificate and not the EIC - perhaps the former covers it off…

It does... 

Thank you