Help with NHBC Certificate on a sale

mini-eggs

Hi

We own a house, it was built in 2008, had some previous owners and in 2020 we purchased it. Our solicitor at the time (wish we had gone elsewhere, very poor service) did not mention anything about NHBC, sale went through and that was that.

Now in 2024 we have moved elsewhere and the house is a 2nd property to us that we are selling. We have a buyer and have gone through the process all ok up to arranging contract exchange and completion but the buyer's solicitor (its the very same firm we used to buy in 2020!!!!!) have asked for a NHBC certificate.

We do not have any documents regarding NHBC
Our solicitor (for selling the house) has done some chasing (not particularly impressed and we've ended up doing more of the chasing)

Local Authority has confirmed multiple times they have on record that NHBC did issue a building regulations certificate and warranty.

NHBC at first said they did issue the certificate but due to the age of the house it be expired but they can send an email confirming this. BUT they did not send an email
On another call NHBC said they did issue the warranty but not the building regulations certificate.
We re-confirmed with local authority and they are adamant NHBC did do it.
NHBC has now sticking to their view and say they did not issue the certificate but did provide the warranty. Every time someone speaks to NHBC there's a different view.

Meanwhile, we have asked for the buyers solicitor (our solicitor when buying the house) to go into the archive and see what happened when we bought the house 4years ago?

The whole sale has come to bit of a stalemate

1) I don't understand why is it so important to have confirmation of a certificate that existed years ago. The house is now 16 years old.

2) What if nobody is willing to budge, local authority says it's not them, NHBC says it's not them, the archives of our purchase may have it/ may not. 

What can be done to push this sale forward?
Estate Agent, Solicitors, Local authority and NHBC are all point the finger at each other.

user1977

Have the buyers explained why on earth they want to see an expired warranty?

mini-eggs

We did ask the very question, estate agent referred to the solicitor, 
our solicitor's legal assistant replied saying it was to show the house was build to standard in 2008. Our actual solicitor hasn't replied directly to the question.

user1977

mini-eggs said:

We did ask the very question, estate agent referred to the solicitor, 
our solicitor's legal assistant replied saying it was to show the house was build to standard in 2008. Our actual solicitor hasn't replied directly to the question.

So when the "Local Authority has confirmed multiple times they have on record that NHBC did issue a building regulations certificate and warranty" isn't that in writing?

Was it a big developer?

mini-eggs

Yes in my world.

But our solicitor wants to have it from NHBC 
Don't know whether the local authority confirmation was sent over / discussed with the buyers solicitor.

Hoenir

NHBC Certificate is only valid for 10 years.  No reason for you to have been passed it in 2020 by the seller. Most likely been binned along with all the other related paperwork. Up to the potential purchaser to decide what they want to do next. Not your problem to resolve. 

user1977

mini-eggs said:

But our solicitor wants to have it from NHBC 
Don't know whether the local authority confirmation was sent over / discussed with the buyers solicitor.

Then I suggest you discuss with your solicitor and have them explain to you why they (and not the buyers) want it from NHBC? You're paying them to come up with solutions, make them work for their money.

mini-eggs

Thank you all
Thought this be the case, just reassured I wasn't missing something.
Shall keep pushing them to sort it come Monday.

chanz4

like asking for a fensa cert , pointless when past 10 years