Building control

Chloris

I am currently purchasing a 17 year old house and almost at the end of the process. It has just come to light that it hasn’t been signed off by building control. The seller is taking out indemnity insurance to cover ‘potential enforcement’. 

I have no idea what impact not having this sign off could have. Is it possible to get someone (who?) to provide this sign off. How much this could cost, or how long it would take.

If I don’t get this officially sorted now, could it bite me in the !!!!!! when I eventually sell? 

Any advice would be appreciated.

 

gm0

Very context dependent.  No building control on a recent DIY extension creating an open plan downstairs. 
A worry.

No building control papers on an unmodified older house or a conversion - perhaps from times/areas when conveyancing practice and BC paperwork was more variable.  Which gets a decent survey result.  Less of a worry.

17 is still on the younger side to have missing paperwork (as I understand it).  Worth looking at a bit more carefully.  I'd be curious about who built it, how many in the estate/road/group vs single infill.  And the type of structure and survey findings.  Small builder. Self-builder. Bigger developer.  Still in business or not.  

PP and BC enforcement in general has a legal and a practical time limit within which LA challenge is likely.  And BC isn't (absent a problem to the public) - something where they go hunting for issues to follow up.  
That is why indeminity policies for legal defense of challenge (for the missing paperwork - not for a missing steel lintel causing upstairs to fall on you) are mostly cheap.  Don't cover much.  Lowish probability of that happening.  It's legal sticky tape.

More important ALWAYS is the safety of the structure.  If someone takes out a supporting wall to go open plan and doesn't put steels in.  Active danger.  It can be difficult.  As "current owner" may not have done the project nor have knowledge of the build / mods. Is there a steel where the side to side wall half away along the house used to be?  That kind of thing.

It is fairly hard to regularise BC after the fact.   BC can't sign off what they did not see happen. And would need to see foundaitons, structures etc. now and cannot - without dismantling.  So they don't just produce the paperwork on a whim.  Sellers don't open up their buildings to underlying structure for prospective buyers.  You can dismantle your house - if you like - after you have bought it.  Pre-sales - I don't think so.

There are lots of types of paperwork glitches that apply to older deeds and leases and the buildings on them.  
A few serious - causing things to be unmortgageable.  And many "Minor" - but worth knowing about and considering in due diligence as a bundle and in context survey.

Is it better if the paperwork is better.  Yes of course.   It's isn't always practical to perfect it.  Nor will the "rules" of the game as expected - stay constant either.  I have a collection of 1970s glitches on my deeds.  And some of the stuff done in the 90s.  Well - the rules have changed again since.  Some are conveyancing items people now check explicitly.  And some are not.

It is also possible to buy a well decorated and apparently fine "lemon" - with missing structural elements.  Bad wall ties, bridged cavities. Or a house with the wrong kind of cheap slate which will die out of warranty at 10-20 years old in a wetter climate. (And that house may well have it's signoff).  Welcome to buying houses.

You can continue to shop and do due diligence - and each house will have "something".

Only you can decide what is acceptable (to you) context this building and its resale later.

Chloris

Thank you, @gm0

The house is part of a small group of 6 built on the grounds of another property. No idea whether the build company is still in business.

It feels like a biggie this late in the day. I don’t know whether it’s a ‘hell no’, or easily sorted if you pay the right person, or a ‘shrugs shoulders, not the end of the world’. Or even if it’s a renegotiation of price due to potential costs down the line.

user1977

Presumably all this is via your solicitors? What's their advice? Are you buying with a mortgage and if so is your lender content with what's being offered?

Albermarle

Did you have a survey done ? If so what level, and any significant comments from the surveyor?

MyRealNameToo

Chloris said:

Thank you, gm0

The house is part of a small group of 6 built on the grounds of another property. No idea whether the build company is still in business.

It feels like a biggie this late in the day. I don’t know whether it’s a ‘hell no’, or easily sorted if you pay the right person, or a ‘shrugs shoulders, not the end of the world’. Or even if it’s a renegotiation of price due to potential costs down the line.

It hasn't been signed off or they can't produce evidence that it was signed off? 

Indemnity policies like this arent expensive and are widely accepted. It's critical though that if you accept the insurance that you then just leave the matter at that. Were you to try and get BC sign off then the insurance is invalidated and you could find yourself having a big bill if the BC inspector finds major issues. The insurance covers BC off their own back making enquiries, not you inviting them in.