Buying a property - Electircal work in 2008, no paperwork

[nv_london]

Hi all,

advice needed....

I’m in the process of buying a property and found out that ‘the seller had electrical work carried out (namely, a lighting circuit rewire and a new consumer unit installed) in 2008’ but that ‘there’s no paperwork regarding this’.

I understand that I can get my own electrician, at my own cost, to check the work/wiring but before doing this, is there some legal requirement on the seller’s part to produce certificates/evidence that the work was carried out by a competent, qualified electrician and that it conforms to all regulations?

Thanks in advance for any help and suggestions.

 

[Chri5]

Ask the seller to arrange a EICR at their expense.

As it stands the work wasn't notified to the local Council via the part P membership system. The Council tend to be only interested in work done recently, I think the limit is 12 months.

The existing property owner will be aware that no paperwork means that any potential purchasers legals will stall and knows that having allowed a contractor to undertake the work you have mentioned without using the correct process means they have a property that is unlikely to sell.

You could always make an offer on condition that all electrical work is tested comprehensively and that they pay for the electrician you nominate (to avoid the potential of someone who is friendly to them) to EICR, and to pay for all and any issues such inspection and test divulge.

 

[nv_london]

Thanks for the advice. Unfortunately I've already made an offer which was accepted (at that stage I naively assumed all paperwork would/could be provided upon request). As you suggest, I'll ask my solicitor to inform the seller (via their own solicitor) that I'm concerned that the work wasn't 'Part P registered' and that I want them to pay for a EICR certificate to be issued by my own nominated electrician. (I can't imagine this will go down too well and, from what I understand, since there's no legal requirement on their behalf I'm sure they'll say 'no'). I suppose it'll come down to how much they want to sell.

Thanks again.

 

[HERTS P&D]

It also depends how much you want to buy it. If it's your dream house then pay for an electrical survey to show you the condition of the electrics. You will then know if it's worth what you have offered, you can always lower your offer.

Andy

 

[dormermike]

Thanks for the advice. Unfortunately I've already made an offer which was accepted (at that stage I naively assumed all paperwork would/could be provided upon request). As you suggest, I'll ask my solicitor to inform the seller (via their own solicitor) that I'm concerned that the work wasn't 'Part P registered' and that I want them to pay for a EICR certificate to be issued by my own nominated electrician. (I can't imagine this will go down too well and, from what I understand, since there's no legal requirement on their behalf I'm sure they'll say 'no'). I suppose it'll come down to how much they want to sell.

Thanks again.

Nothing to stop you lowering your offer after acceptance. Thats what a survey etc is for, partly.

 

[ban-all-sheds]

I can't imagine this will go down too well and, from what I understand, since there's no legal requirement on their behalf I'm sure they'll say 'no'.

There was a legal requirement for the work to comply with Part P, and there was a legal requirement for the work to be notified to Building Control.

If they did not do the latter then they have committed a criminal offence for which the maximum penalty is 6 months in prison and/or a £5,000 fine. (Not that anybody ever has been done for it).

If your solicitor asked them (as he damned well should have done) if they had done, or had done, any work which required Building Regulations approval and they said "no" then they have made a false statement in a matter which was material to a transaction with a value of (I assume) hundreds of thousands of pounds. Most people would commonly regard that as fraud.

Ideally you need an unflinching rottweiler of a solicitor who will go for blood. They really have not got a leg to stand on.

I suppose it'll come down to how much they want to sell.

I imagine in the current climate they will want to sell quite a lot, as prices are falling. The further into the sale they get the more emotionally involved they will be, and the more legal fees they'll clock up.

They've handed you a big stick with which to beat them down on price.

 

[nv_london]

Dear all, thanks a lot for the advice. I’ve contacted my solicitor and said that the lack of paperwork and the fact that the work wasn’t notified to building control is somewhat of a concern to me and for these reasons I think it only right for an independent electrician to carry out an EICR at the seller’s expense. - I’ll now wait and see…

Thanks again.

 

[ebee]

I hope you come back to give the forum a "blow by blow" account of how this progresses.

As I understand it you might be able to insist that it is regularised - the retrospective fee paid by the seller to the council and the test fees too.
That should cover you if you decide to subsequently sell

 

[nv_london]

Hi,

I did also ask my solicitor to find out where this 'un-notified' work leaves me should I try to sell the property in the future. (However, as mentioned above, it may be that the council aren't concerened with work going as far back as 2008?! - I'll just have to wait and see what they say and if the work can be retrospectively registered).

Thanks again.

 

[ebee]

n`t help but feeling that your solicitor is not on the ball here

 

[shedbang]

In the real world, it's no different to any other snag you find on buying or selling a house. It's not unusual to find missing building regs, planning permission, chancel tax exposures, minor things on searches, historical house movement etc. etc.

With any things requiring building regs, planning permssion, listed building regs etc. you can go the Ban route and tear into the vendor, aim to get them locked up, and try and drive the sale price to the floor, or the pragmatic route and ask for key things to be tidied up or offer a purchase price adjustment.

What you do depends on so many factors: How much do you love the house? How much interest is there in it? How long will rectification take? What's your appetite for risk? When do you want to move in, and most crucially, does your wife like it? (In which case nobody here can help you).

With electrics, like most building work, theres no technical reason why a DIY job can't be way better than professional work, or it could be held together with paper clips and glue. So, certificate or no certificate, and regardless if date, you should satisfy yourself that any aspect of the house is safe and fit for purpose.

As for solicitors, well, a very large number don't even ask the question specifically for electrics, and many punters answering the building regs question don't know they're supposed to register electrical work!