Building regulation certificate missing

klow22

Hi everyone, I’m looking for some advice from anyone who has been in a similar situation.

We’re in the process of buying a house, and we’ve discovered that the property has a small, single-storey rear extension built in 2020.

The extension was built under permitted development, so planning permission wasn’t required. However, the sellers have confirmed that there is no Building Regulations approval or completion certificate.

According to the sellers, the extension was built during the Covid lockdown, and the paperwork was missed due to an administrative oversight by the builders. The same building company built the property’s two-storey side extension in 2015, which apparently has all the correct Building Regulations paperwork.

The sellers’ estate agent has suggested that, because the extension is approaching seven years old, retrospective planning permission or approval may be covered by the passage of time. However, I understand that planning permission and Building Regulations are two separate things, and I’m not sure how much reassurance the seven-year point actually provides.

Our solicitor has raised concerns about the missing paperwork, and we’re trying to establish what our options are. We don’t want to proceed with the purchase only to discover that the extension causes problems with our mortgage, insurance, future resale or the council.

I’d be really grateful for advice on the following:

• Has anyone successfully bought a property with a similar issue?
• Is it possible to obtain retrospective Building Regulations approval, or would the council require the extension to be opened up or altered?
• Would an indemnity insurance policy generally be an option, and would it provide meaningful protection?
• Would mortgage lenders and home insurers usually accept a property in these circumstances?
• Would you proceed with the purchase, or would the lack of paperwork be a deal-breaker?

We like the house, but we’re understandably nervous about taking on a potentially expensive problem.

Thanks in advance for any advice or personal experiences.

Section62

https://forums.moneysavingexpert.com/discussion/6686493/building-regulation-certificate-missing

and I’m not sure how much reassurance the seven-year point actually provides.

Did someone tell you seven years was significant?

For planning the relevant period would be 4 years, for building control 12 months (except in exceptional circumstances). The law changed in 2024/2023 to change this to 10 years for both planning and building regulations, but not retrospectively.

You can get an indemnity policy for the lack of a completion certificate. Or you could get the extension 'regularised' (for building control) but this would probably involve getting structural elements uncovered for inspection.

My main concern is the excuse - "paperwork was missed due to an administrative oversight by the builders". Getting BC signoff is a standard part of the building process and there's no good reason why Covid would affect that (if anything the temporary changes in processes would have made it harder to forget) - so the question is what other "oversights" did the builders make during the build?

sheenas

At best a miss leading response. There are many stages of inspection , normally supported by photos of each step and a site visit. Not just a piece of paper.

Staged Site Inspections Building control officers from your local authority or an approved private inspector with something like the following milestones ,

• Commencement Notice: Notifying building control before work officially starts (often requiring 48 hours' notice).
• Foundations Inspection: Checked after excavation and before pouring concrete (depth, soil conditions, tree/drain proximity).
• Damp Proof Course (DPC) & Oversite: Checking damp-proof membranes, insulation, and hardcore layers.
• Drainage Inspection: Testing underground and foul/surface water drainage pipes, gradients, and connections before backfilling.
• Structural Framing / Superstructure: Inspecting steel beams, timber framing, roof construction, and floor joists.
• Final Inspection: Conducted once all construction is finished to verify overall safety and regulatory compliance

Albermarle

Have you had a survey, and if so did it say anything about the extension in question?

Bigphil1474

Builders don't tend to miss BC sign off, so a bit fishy for me already. The seller could apply for Regularisation. If the builder is legit and the local BC team have experience with them, that might be straight forward. I would insist on it otherwise you will have the same issue when you come to sell. I'm not an expert on permitted development, but I would also check whether this second extension does actually fall under permitted development. There is a cumulative effect as well as the individual extension size.

This is what Regularisation is -

Regularisation

What is a regularisation certificate?

Where works are carried out without building regulations approval being sought the owner may be prosecuted. However, to facilitate people who wish to have work approved, there is a process called regularisation. A regularisation application is a retrospective application relating to previously unauthorised works i.e. works carried out without building regulations consent, started on or after the 11 November 1985.

The purpose of the process is to regularise the unauthorised works and obtain a certificate of regularisation. Depending on the circumstances, exposure, removal and/or rectification of works may be necessary to establish compliance with the building regulations.

You are advised to contact your local authority building control service to discuss your individual circumstances before submitting a regularisation application.

When is a regularisation certificate required?

Regularisation certificates are required where the work has already taken place without receiving the correct authorisation. This still applies if the work was done before you became owner of a property.

KeyWise

The practical worry with a missing completion certificate is that nobody independently checked the parts you can’t see once the extension is finished. That means how deep the foundations go, the drainage under the floor, the steel beam or lintel over the opening into the original house, and the insulation in the floor and roof. Those are the expensive things to put right, so your questions should focus on them.

Ask the sellers for the builder’s name and contact details, any structural engineer’s calculations for the steel, invoices, and any photos taken during the build. Also ask whether a building control application was ever made. If one was made and the council inspected the earlier stages, it may only need a final inspection, which is a much smaller job than full regularisation. Regularisation (getting retrospective approval) can mean opening up floors, ceilings or walls so the inspector can see the work, so if you go down that route get two quotes for the opening up and making good, not just the council fee.

On site, look at where the extension meets the original house, inside and out, for cracks that taper or have been filled and reopened. Check whether the floors are level, look for damp or condensation marks at the base of walls and around the ceiling, and if it has a flat roof, look for ponding water. Ask your surveyor to comment specifically on the extension, or pay for a structural engineer to look at the opening if anything worries you. Indemnity insurance and contacting the council usually don’t mix, so talk that trade-off through with your solicitor before anyone rings building control.

Slinky

https://forums.moneysavingexpert.com/discussion/comment/82166972#Comment_82166972

I know of two people in our street who where building reg signoff was an issue. One the resident had major issues with the builder around overcharging and failure to stop a flat roof leaking. I can see from the planning portal that BC signoff never happened and I suspect it was a deliberate act on the part of the buillder, having had some issues with them with work they did for us. It's nine years ago now so could cause problems for a future sale

Having seen that happen to one person, I checked the portal on behalf of another neighbour after their work was completed by a different builder to the one above, found it hadn't been signed off, alerted them and they chased and got completion. They'd had issues with their project manager/architect who they thought had done all the paperwork and had no idea that a building control certificate would even be issued.

If you're not familiar with all the rules and regulations, it's easy to be assured that all is well when the builders finally leave site, without knowing what paperwork is required.

Bigphil1474

The important part of the building control sign off is as KeyWise says, the BCI coming and looking at the build part way through, rather than just signing it off at the end. The only positive is that it's a small single storey extension and doesn't need the same foundations etc. in place that a 2 storey one would, and if it has to be rebuilt it's not as costly obviously. Hopefully the OP will come back and update.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82168330#Comment_82168330

The only positive is that it's a small single storey extension and doesn't need the same foundations etc. in place that a 2 storey one would…

A long time ago (1970's) you could get away with less substantial foundations for single storey extensions and garages, but you would be very lucky if BC signed off 'single storey' foundations now.

The load imposed on a foundation is one of the design factors (two-storey imposing more load than single storey), but other factors include the foundation being wide enough for the wall, and for the depth of the foundation being sufficient to be below the level of influence of things like frost and shrinkage from drying/wetting of vulnerable soil types.

Foundation design partly depends on the soil type, but for a given soil the depth of foundation is likely to be the same whether the building is one or two-storey. Likewise the width is likely to be governed by the thickness of the wall - which to meet thermal performance requirements will probably be the same regardless of number of storeys.

An exception to this is where the soil has a very low bearing capacity - in which case the foundation might need to be wider to spread the load more, or dug deeper to avoid a soft spot nearer the surface.

This is why people doing garage conversions by bricking up the main door are often shocked when the BCO requires the type of foundation the owner thinks would be more appropriate for a house.

jimi_man

I agree with the above. We had a single storey extension in 2005 and the builders put in foundations for a double storey and said there was little difference and virtually everyone put in foundations for two storey ones these days.

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/82169849#Comment_82169849

We did a single storey extension 2 years after you and by then Building Regs required foundations capable of supporting a 2 storey extension