No completion certificate.

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  • No completion certificate.

    I own a 5 year old property that my builder never had the drains, cooker extractor or fire door closer signed off. Footings etc yes. To sell the house I will need a completion certificate. However, the builder says there is no point in testing the drains as after 5 years they have been tested by our use.
    By virtue of living in the house for almost 6 years a completion certificate doe seems a bit unnecessary. Any help or advice please. Thank you

  • #2
    I'm reasonably sure that if you ask Building Control to sign off the work now,it would mean you have to conform to current regs. which may of changed since your original application.
    When you come to sell, it maybe possible to obtain indemnity insurance from a company such as Zurich for potential future structural problems etc.
    Your solicitor should be in a position to advise on how this works and the cover provided from this type of insurance.

    Bill

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    • #3
      Originally posted by buffalo747 View Post
      I'm reasonably sure that if you ask Building Control to sign off the work now,it would mean you have to conform to current regs. which may of changed since your original application.
      When you come to sell, it maybe possible to obtain indemnity insurance from a company such as Zurich for potential future structural problems etc.
      Your solicitor should be in a position to advise on how this works and the cover provided from this type of insurance.

      Bill
      GCS policy demands that the works were at least a year ago. Premium starts at £27 [cover up to £100 000].

      Countrywide demands same. Premium starts at £21 [cover up to £100 000]. Optional "lack of TCPA permission" too, at increased premium.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        Building Regulation Policies only pay out if enforcement action is taken by the local authority for non-compliance, not if there is a structural failure etc because of it.

        Their only real use is to keep mortgage lenders happy they are protected!
        RICHARD WEBSTER

        As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

        Comment


        • #5
          Originally posted by Richard Webster View Post
          Building Regulation Policies only pay out if enforcement action is taken by the local authority for non-compliance, not if there is a structural failure etc because of it.
          True, but buildings insurance policy itself should cover defects in structure.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Hi I am a lay person. Are all of you indicating there is no lawful need for a LPA Completion Certificate. In other words the LPA can not enforce the requirement to have a building certificate. If after 5.6.7 years the structural situation may/should be okay but what about the extractor fan and other none structural things originally requiring a LPA completion certificate. I guess a purchaser's solicitor would insist on the certificate. Sarah

            Comment


            • #7
              Building regs are a load of paperwork that get solicitors very worked up. Some thoughts:

              1. Ring Building Control anonymously and ask them what they suggest. They may be happy with things conforming to the old Regs - if indeed they have changed.

              2. "I guess the purchaser's solicitor would insist on the certificate". Not if you pay the £27 indemnity (which face it will save you a load of fuss!)

              3. On a practical basis, building control virtually never enforce anything apart from major problems.

              4. In order to enforce something they would have to enter the property, notice something is wrong, and then issue an enforcement notice. Three items with vanishingly small probabilities.

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              • #8
                All true, but Messrs Attey Bower and Jones (a South Yorkshire firm of solicitors) lost £££ damages in a Building Regulations court case a few years ago.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  So when you bought your property? Why did n't your solicitor then ask for it then?

                  Comment


                  • #10
                    Originally posted by rajeshk4u View Post
                    So when you bought your property? Why did n't your solicitor then ask for it then?
                    I take speedbird's post to mean the house was built for speedbird by their builder not bought second hand via a solicitor. Personally, I dont understand what the £27 is for. Why can't you speedbird ask the LPA to sign it off.

                    Comment


                    • #11
                      Originally posted by jeffrey View Post
                      All true, but Messrs Attey Bower and Jones (a South Yorkshire firm of solicitors) lost £££ damages in a Building Regulations court case a few years ago.
                      Can you PLEASE enlighten us on the above Building Regulations court case as it might well contain the answers as seen by the LPA.

                      Comment


                      • #12
                        Originally posted by diddean View Post
                        Can you PLEASE enlighten us on the above Building Regulations court case as it might well contain the answers as seen by the LPA.
                        The only reference that I can find is [2000] Lloyds Reports PN 591- but I don't have access to its text. Sorry!
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                        • #13
                          diddean: If you have access to EMMET ON TITLE, or "Emmet and Farrand" as it now is, this standard work on just about everthing related to conveyancing should have some coverage of the case. Try a local solicitors' firm or Law Library, which might let you have a copy text extract?
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment

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