Lost building control completion certificate for house we are selling

COYS1965

We're selling our house and it is under offer. During the process of responding to conveyancing queries, we have discovered that we have mislaid the building control completion certificate for the loft conversion we had done in 2004 to create a master bedroom en suite. Our solicitor has offered indemnity insurance but the buyers' solicitor says their lender won't accept this. We understand the buyers' concern and that it is our responsibility to sort out a solution.

The council's online portal shows that the work was registered with building control but under status it says "Not available" and apparently there is no record of a completion certificate. Multiple other properties in our small stretch of street have exactly the same status for loft conversions done in the same era (early 2000s), which makes me wonder if the council's process of digitising the building control archive was incomplete.

Our builder at the time is 100% certain that we did get building control sign-off for the work. We have found the paperwork for the pre-completion visit by the council's building control inspector at which he approved the roof and wall insulation and the Velux fire escape window that was required by regs at the time. Our builder says this is clear evidence that the steels and structural timbers were inspected and approved at a prior visit. We also have all the drawing plans and structural calculations though I don't think our buyers have any concerns about structural stuff. We can't use the regularisation route as the council has a record of the works and the building control process was underway (in fact we believe it was complete but we have lost the evidence of that). Apparently we would have to ask the council to reopen the case, submit the evidence we have (the building control inspection paperwork, plans, structural calcs etc) and they would likely need to do a final inspection.

My queries are as follows and i'd really appreciate any advice or expertise - many thanks.

• I understand from our local authority website and that of other councils that if we did ask for a repeat of the final inspection visit for retrospective approval, the task of the building control officer would be to confirm that the loft conversion complied with regs at the time it was built (i.e. 2004) and not present-day regs. Is this written into regulations somewhere? Also, where can I consult the BC regs that applied to loft conversions in 2004?
• Since the structural work had been approved and we have evidence of that on the council's own paperwork, I'm assuming that the inspection would only need to check drainage, headroom and stairs and fire measures which we believe are all compliant with 2004 regs. We therefore hope there would be no need for intrusive works. Does that seem a reasonable assumption?
• The complicating factor is that we had work done to change the layout of the ground floor in 2016. Our buyers are happy to accept an indemnity insurance for this but my concern is the potential impact on any final inspection to sign off the loft according to 2004 regs. Would the building control officer be likely to assess the loft conversion according to the layout of the house at the time (2004) rather than the current layout - which might, i think, require additional fire measures since the regs have been updated since 2004. How would I make the argument that we just need the paperwork that we have lost to restore the situation we were in when the loft conversion was originally signed off?

Many thanks for any advice that anyone can offer.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/6675510/lost-building-control-completion-certificate-for-house-we-are-selling

Hi Coy.

My understanding is that the conformity would apply to the regs at the time. It was certainly the case with our loft conversion.

Yes, that's a reasonable assumption. BC inspections follow a logical sequence - structural, insulation, first fix, second fix, compliance with regs - something like that. So if the structure has been passed, then that's all good, and nothing further should be required there. Has the insulation level been checked and approved before being covered?

Your third point, I have no idea about. I suspect if the changes to the layout mean that the BC requirements of 2004 can longer apply to the loft, then that could be an issue. But I guess it depends on how serious. Worst case - what would it take to sort?

We had a loft done around 2006, and the builders did the structural bits, the roof, and the insulation, leaving me to do the wiring, plumbing, first & second fix. The inspections occurred at the correct stages, and I had a letter from the builder to the BCO saying, "The owner will now complete the work" or whatevs. Of course, I then neglected to inform the BCO for the completion, and only did so about 3 years ago. Not a problem - he came out, checked everything visible, pointed out I didn't have an extractor fan in the bathroom, and told me to let him know when I'd sorted that. Jobbie jobbed.

eddddy

COYS1965 said

During the process of responding to conveyancing queries, we have discovered that we have mislaid the building control completion certificate for the loft conversion we had done in 2004 to create a master bedroom en suite.

If a building control completion certificate was issued, the council should have a copy of it.

Are you saying that the council don't have a copy of the certificate?

What does the buyer's local authority search say about this? It should specify whether or not a building control completion certificate was issued.

If one was issued, you could request a copy.

(TBH, I suspect that the Local Authority Search is saying that no completion certificate was issued, which is why the buyer's solicitor is asking about this.)

COYS1965

https://forums.moneysavingexpert.com/discussion/comment/82063312#Comment_82063312

Thanks for your reply, much appreciated. The paperwork we do have (which the council doesn't have a copy of) shows that the inspector checked the insulation on the roof and walls and that it was compliant. So fingers crossed that will be accepted as incontrovertible evidence and no uncovering of work will be needed.

I've spoken to several neighbours in the last 24 hours who have had exactly the same issue - where they know they did have their final inspection visit but they never got a completion certificate and their work is listed as status incomplete on the council online register. One has been chasing her completion certificate without success for 5 years yet the council claim it's impossible they have been anything less than assiduous in their record-keeping despite the evidence to the contrary - very frustrating.

COYS1965

Thanks - yes, that's correct. The buyer's solicitor search said no completion certificate was issued. But multiple neighbours who are certain their work was also signed off have also said the council has claimed they have got no record a completion certificate. Apparently there was no requirement for them to issue them pre-2013 and it seems the digitisation of their paper archive was incomplete as they have no record of the first and second inspection visits and only a date recorded for the 3rd visit but without any of the paperwork relating to that visit (which we do have a copy of).

It looks like we're going to have to request an inspection 22 years after the event - we'll just have to hope they accept the paperwork we do have from the 3rd visit as evidence that the structural stuff had all been previously signed off. It's all very frustrating!

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82063756#Comment_82063756

You sound pretty well covered. Structural - tick. Insulation - tick. That's the serious 'hidden' stuff.

Who did the electrics? (My BCO was actually happy to consider it an extension to an existing circuit, and passed my DIY install). Did your builder use their own sparky, or sub this job? For the latter, I'd imagine they'd have provided a cert?

As I say, my lack of completion cert was my laxity, so I apologised profusely, and the BCO was great about it.

On the basis that the lack of CompCert is likely to continue being an issue for you, but also because you can evidence that the main stuff has been passed (there can be no suggestion of any attempt to 'avoid' BC oversight), and everything else is very checkable with a visual, I would chase this if I were you. Ask nicely, but add matter-of-factly that matter will need to be resolved, and you'd be reluctantly forced to escalate the matter as a formal complaint if they drag their feet; this is a service you have paid them for.

Do you have Legal Protection included in your house insurance? I wonder if this would be considered a 'contractural' issue, so could well be covered. Have a chat, and have them on standby.

user1977

Do you have Legal Protection included in your house insurance? I wonder if this would be considered a 'contractural' issue, so could well be covered. Have a chat, and have them on standby.

I doubt there's any hope of pursuing the council 22 years after the fact. Plus the OP already has a solicitor engaged.

COYS1965

Thanks for the helpful comments.

The council has now told me that the only way forward is to get the case reopened so they can assign it to an inspector - I have sent an email requesting that, as per their instructions (together with the evidence of the 3rd inspection visit, fire doors etc). My problem is that they are now saying they are short staffed and there is a backlog which means they won't even open my email for "a couple of months". I've got our local councillor involved who has submitted a formal inquiry asking them to treat it as an urgent matter so we'll see what happens.