Building Regulations Completion Certificate

Silverwood

Does anyone know if the Building regulations completion certificate is the same as the NHBC certificate? We are trying to buy a house built in 2006, but the owner says they do not have the certificate but they have an old NHBC. Our solicitor is confusing us with talk of indemnities to cover the certificate. We do not need a mortgage as we are selling our current house. A local search made by the solicitor shows no record of a building completion certificate. 
Does anyone know if they are the same?

user1977

Your solicitor should know, so I'm not sure why they can't tell you...

They're not the same, though it's unlikely that something would have been issued with an NHBC certificate if it wasn't also passed for building regs (in practice I think it's the same inspection).

Are the council saying they have no record of the property at all? The common problem is finding the correct house as they're likely to be indexed under the builders' plot number rather than whatever the postal address ended up being. It's improbable that it had an NHBC certificate but somehow swerved the whole building regulations process.

Silverwood

The solicitor says the local search shows zero for the form. The seller says they do not have a copy and are refusing to obtain one from the local council (N Yorks).

user1977

Has anyone tried looking up the property on the council's website?

http://publicaccess.nybcp.org/online-applications/

Searching by map might be more reliable than using the postal address.

Silverwood

Yes. It says not available. That maybe as the property was built in 2006.

Silverwood

Do you actually need the certificate? We are not getting a mortgage and have a copy of the original NHBC certificate.

ComicGeek

Building warranty and building regs completion certificate are 2 separate things. NHBC can provide one or both of those at the time of construction, depending on what the original developer appointed them for. What does the original NHBC certificate actually state it is?

Normally NHBC wouldn't issue any building warranty (the standard 10 year warranty would have expired back in 2016) until the building regs completion certificate was issued by their internal building control or a separate building control. But I've seen a number of new build schemes where nothing was actually signed off, nor checked by the original purchaser or solicitor, and then causes problems when they come to sell - that's rightly what your solicitor is trying to avoid for you.

flyingcat_2

The Building Completion Certificate if not a public access document and you cannot find it on Council Building Control portal. I am in the same situation but on the other side.
I am selling my flat. The apartment block was build in 2004 by a major developer. I am not the first owner from new but I have the original NHBC certificate. Now buyer's solicitor is insisting me to provide them with the Completion Certificate. When I bought it a decade ago my mortgage bank did not ask for it at all and by talking to other owners in the building, none of them had mortgage problem or has this certificate in their purchase pack.
I have been talking to council who pointed me to developer and then I talked to developer whose IT system is down and does not know how long it will be back, so pointed me back to Council. Developer also said they only keep documents on file for 12 years for any of its development.
My lawyer says they have offered indemnity insurance but other side refused. 
Logically you would think such certificate is existing somewhere as 1) I can see an record of a S106 Legal Agreement in council portal which is the legal agreement local council signs with developer. I cannot imagine that Council would allow developer to build, sale and take financial payment themselves without sign off the building; 2) a major developer like this one I would think it will play by the book; 3) There is NHBC warranty, NHBC would not issue such warranty if they have not checked local authority sign off certificate. When I talk to NHBC they said that if inspection is done by them they will have a copy, but in this case it is likely inspection was carried out by council. 
In reality, I tried every avenues but cannot get hold of it. It looks like my sale is about collapse over this single document. 
I am down to my last resort and just made a Freedom of Information Request to Council and said I will pay all associated cost like a council officer's time to go to Achieve etc. Finger across there will be a helpful and willing council officer who will dig it out for me. 
Very stressed indeed. 

user1977

flyingcat_2 said:

I can see an record of a S106 Legal Agreement in council portal which is the legal agreement local council signs with developer. I cannot imagine that Council would allow developer to build, sale and take financial payment themselves without sign off the building

The OP hasn't been back since 23 June so I guess they have resolved their situation one way or another, but just on the above, bear in mind that planning and building control are completely different functions - and in any event, I'd expect the planning agreement to be signed long before construction is completed (or even started). Not the planners' job to know or care about whether building regs end up being complied with.

flyingcat_2

user1977 said:

flyingcat_2 said:

I can see an record of a S106 Legal Agreement in council portal which is the legal agreement local council signs with developer. I cannot imagine that Council would allow developer to build, sale and take financial payment themselves without sign off the building

The OP hasn't been back since 23 June so I guess they have resolved their situation one way or another, but just on the above, bear in mind that planning and building control are completely different functions - and in any event, I'd expect the planning agreement to be signed long before construction is completed (or even started). Not the planners' job to know or care about whether building regs end up being complied with.

Thanks, I know. The building control division in my local council is helpless. Email will generate reply 'if you know your case officer, contact them directly'. Phoned then told 'go to devoloper'. My lawyer made same request and said it seems nobody in council willing to dig into old file. There are 65 unites in the building, does that mean all them will have resales issue?