No building regulations approval? What's the solution?

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No building regulations approval - picture of dog

When a property is up for sale and building work has been carried out on it, the seller will need a form of certification to say that the works have been inspected and that they comply with the building regulations.

At least, that seems to be the current view of many engaged in the conveyancing of properties.

Is building regulations approval really needed?

There are a number of snags with this:

  • Some works don’t need building regulations approval
  • Some could have been done before the regulations changed to include them
  • Others may have been carried out prior to the early 90s, before Certificates of Completion were introduced

Therefore, some works might not have needed approval, some did need approval but have no certificate and, in the worst case, they did need approval but no-one has applied for it!

In all these cases, there will be no documentation to show that the project is compliant with the building regulations.

Routes to building regulations approval

From the 11th November 1985 onwards, there have been two routes to gaining building regulations approval for building work. 

1. Through the local authority.

2. Through a private company, approved by the Secretary of State to carry out such work and issue approvals. Such companies are known as “Approved Inspectors”.

There are differences in the documentation issued, dependent on which route you take.

The key documents are those that are issued to state that the building works have been approved, inspected and passed. Where the work has been undertaken with the council's approval, the document is a “Building Regulations Certificate of Completion” and if an Approved Inspector is used, the document is a “Building Regulations Final Certificate”.

What happens if there is no approval, when there should be?

If building regulations approval and certification should have been obtained for building works and no such approval exists, there are potential consequences. Under the provisions of Section 36(6), Building Act 1984, the council can seek a High Court injunction to require the alteration or removal of work that doesn't comply.

Such an action can be expensive for a buyer. To add to the expense, the costs of either remedying the building or removing the offending work can be high.

Therefore, some have considered it wise to purchase indemnity insurance to cover such costs, should they arise.

The purchase of an insurance indemnity policy may cover the issue for one sale, but it doesn't remove the problem with the property.

What about the next time the property is sold?

The same situation exists, the same delays may occur, the same threat of action by the local authority remains, no progress has been made, the vicious circle continues.

Is this in the best interests of the home owner?

The way forward? Regularisation.

The clear way to break the vicious circle is to obtain regularisation certificate - this is the process by which a retrospective building regulations application can be made.

There are, however, some drawbacks with this:

1. The regularisation process cannot be used for work that was carried out prior to the 11th November 1985.

2. The process is a double-edged sword as what might have been thought to have been a simple lack of paperwork may turn out to be much more complex and expensive to rectify. When the remedial work is not undertaken, a Certificate of Regularisation will not be issued.

Some other issues to take into consideration are that building regulations regularisation can only be obtained from the relevant local authority as private sector Approved Inspectors aren't authorised to undertake this work. Further, the council will charge for the service they provide, and the charge will be higher than the one they would have raised at the time the application should have been made. (This is done deliberately as an incentive to applicants to make submissions in a timely manner.)

Nevertheless, only by making a regularisation application can the applicant find out definitively what is non-compliant with their building works.

How does this affect the sale of your property?

Knowing that approval can be given retrospectively might be enough for a buyer to take on the property. Then again it might not.

Whichever, it will be the owner’s responsibility to undertake the works to achieve building regulations compliance and it's important to know that this can be made a requirement before your sale can go through.

Completion certificates for work done before 2013

Update 20 November 2020. We've had many queries on work done years previously as you can see from the comments below. Here's some further information for those in that position:

Prior to 2013 there was no requirement for local authorities to issue completion certificates in all cases. Some authorities adopted a procedure to issue completions before this date, but not all, and the earlier the date the less likely it is that completion certificates would be available.  Consequently it may not be possible to provide a completion certificate for work carried out  before 2013.  Although there are provisions within the regulations for a local authority to accept applications to regularise work carried out without approval, there is no obligation on a local authority to accept such application. Also  the greater the length of time since work was completed, the less likely this would provide a satisfactory solution.

Conveyancing solicitors have increasingly demanded completion certificates, which was part of the reason for their introduction into regulation in 2013, unfortunately their demands do not take account when building work was completed. Provision of some form of indemnity policy is often promoted as an alternative, however this is usually only to cover legal action by the local authority for contravention of building regulations. A surveyors report indicating the current status of the property in relation to building regulations applicable at the time the work was carried out may be more beneficial to future occupiers.

Homeowner?

Read more on Front Door

 

More on this topic

Further information on home improvements can be found on LABC's Front Door website.

Every care was taken to ensure the information was correct at the time of publication. Any written guidance provided does not replace the user’s professional judgement. It is the responsibility of the dutyholder or person carrying out the work to ensure compliance with relevant building regulations or applicable technical standards.


This article was updated on 21 March 2022

Comments

Building regs

Submitted 4 years 4 months ago

My mum is selling her house and its come to light that the loft conversion has never had BRA. The work seems to have been started over 20 years ago but has changed hands twice since. The sellers who my mum bought it off completed works but when they sold it to my mum stated that no alterations had been made, clearly a lie. The impending sale has now ground to a halt because of this. Where does my mum stand on two points, one the impending sale, and secondly regarding the fact she purchased it from a seller who lied about the alterations? Thanks, Louise

Reply to: Building regs

Submitted 4 years 4 months ago

Hi there, many thanks for your question.

It appears that the work was completed more than two years ago. The best course of action would be for your mum to apply to her Local Authority Building Control office for a Regularisation Certificate. A Regularisation Certificate is evidence (but not conclusive evidence) that the relevant requirements of the Building Regulations have been complied with. Please note that it's possible that investigative and corrective work may be required in order for your mum to be provided with a Regularisation Certificate, however there's no legal obligation to go ahead with this.

A misrepresentation made during the previous sale of the property regarding compliance with the Building Regulations is not a matter for building control and will need to be taken up with the previous seller.

Regards,

Dalila, LABC

How to trace a policy

Submitted 4 years 4 months ago

Hi. I have lost my policy. Is there anywhere that holds a central registrar to find a copy?

Reply to: How to trace a policy

Submitted 4 years 4 months ago

Hi, many thanks for your question. This page might help you: https://www.labc.co.uk/homeowners/where-can-i-get-copy-my-building-certificate.

Regards,

LABC

Loft dormer encroaches beyond neighbour's party wall

Submitted 4 years 4 months ago

We have a problem. Our neighbor has found through a survey, that our loft dormer external wall has encroached past their side of the party wall. The building inspector has not yet inspected the property to issue completion and, I guess, is unlikely to do so. Does this constitute a breach of contract with my loft conversion company as they guaranteed that the loft would be built to current building regulations? Would I have recourse to reclaim the costs of putting this right from the builders?

Reply to: Loft dormer encroaches beyond neighbour's party wall

Submitted 4 years 4 months ago

Hi, thanks for your comment.

For your specific situation it would be best to speak to your local building control team who will be able to advise on this issue. You can find them by entering the postcode of your project in the 'find your council' bar at the top of our website.

Regards,

LABC

Internal Wall Removed

Submitted 4 years 4 months ago

I'm currently in the process of purchasing a house. My surveyor identified an internal chimney wall looked to have been removed and as it wasn't a structural curvey they couldn't confirm if it was done correctly or if it was properly supported for the other floors. The seller says they have no record of the wall being removed in the 20 years they've had it and as the property is 90+ years ago it could have been that way for a while. This implies it was probably done pre-1985 so can't do regularisation. What can I do to ensure the work was done correctly before we complete the sale? Will I need to pay for a further structural survey and will that fully confirm the safety of the property or is it something the seller has to pay for to offer some certainty the work is safe?

Reply to: Internal Wall Removed

Submitted 4 years 3 months ago

Hi, thanks for sharing this comment.

For your specific issue regarding the internal chimney wall it would be best to seek advice from the local building control team. You can find them by entering the postcode of the house in the 'find your council' bar at the top of our website.

Kind regards,

LABC

Extension & Open Plan house

Submitted 4 years 3 months ago

Hi
We built a small extension that was verbally approved by the LA inspector but he won’t sign it off or issue a certificate as our downstairs is open plan and we need to make some small changes to be fire safe compliant.

This was 18 months ago and the LA assured us they won’t be following up or issuing any injunction.

Can we sell our home as seen even though it’s not compliant?

(No subject)

Submitted 4 years 2 months ago

Hi

Thanks for submitting your comment.

Please be aware that because your extension doesn't currently comply with the Building Regulations and doesn't have a completion certificate it's likely to cause you issues when you try to sell. As the outstanding works are related to fire safety, you should look to complete the outstanding works as soon as possible regardless of whether you plan to sell the property or not.

Regards,
LABC

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