Buying house with no final certificate for extension

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29 Jan 2011
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Location
Essex
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United Kingdom
Hello, I am about to buy a 3bed end terrace with front and side two storey extension that was completed in 2003.

The searches showed that it was approved by council and a building notice was received. Inspections were carried out from foundation to roof timbers at various stages. The council has said that no satisfactory completion inspection was undertaken and no final build regs certifcate was issued. The council have also said as the extension was finished nearly 8 years ago no action would be appropriate.

Do I need to get a final build regs certifcate from the sellers?

They have offered me "Lack of building regulation consent". I think this is insurance.
 
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It depends. What is preventing the completion?

Have all the other relevant inspections taken place i.e. foundations, oversite, steel-work, lintels, floor joists, roof structure, venting, heating, electrics etc?
 
Letter from Council confirms Inspections and dates:
Commencement 05.08.02
Foundation excavation 05.08.02
Infilling oversite 12.03.04
DPC to wall 03.09.02
Foul drainage before haunching 30.05.03
Floor joists 30.04.03
Roof timbers 30.04.03

And states "no satisfactory completion inspection was undertaken" and "no outstanding building regulations enforcement matters pending in respect of work"

Its only the Building Regs final certificate and a FENSA certificate is not available from the sellers that is preventing completion. All other certs and searches are good, issued and complete.
 
You do not need a fensa certificate to complete. So long as the glazing is compliant i.e. safety glass etc, they meet the thermal standards of the period and the windows are fitted with trickle vents (where necessary) then these will be ok.

Have you asked the local authority to actually come around and carry out the final inspection? Are there any financial issues preventing the completion visit?
 
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We have not asked the local authority to visit as it is not our house. Our solicitor has asked for the relevant certificates from the sellers.

What I am trying to find out is, do the sellers have to provide the Final Build Regs Certificate if we ask for it? And is it wise to obtain one before completion? Will our mortgage company proceed without one?

An immediate concern I would have if I was the sellers is will the extension have to comply with regs today even though it was completed in 2003. There maybe additional work required to comply if so. Would this prevent the sellers from obtaining a final certificate?
 
You don't need a bit of paper to say that it was inspected and passed, in order to purchase.

If the extension is still standing after eight years with no structural problems, then there is no reason not to buy the place if you want it
 
you are missing the electrics certificate -NICEICE??.

BC will not issue the final certificate until they get it.
 
You don't need a bit of paper to say that it was inspected and passed, in order to purchase.

If the extension is still standing after eight years with no structural problems, then there is no reason not to buy the place if you want it
I think his worry is the the possibility that BC come along in the future and determine that something wasn't done right and he gets landed with the hassle and bills of putting anything right - in extreme (but not this case I'd think) having to pull a building down and rebuild it. AIUI there's no time limit on BC compliance issues, so the fact that it's been many years doesn't stop them from causing you problems/expense.

Personally, if it was done to standards then the vendor should have no problem getting a completion certificate. If they can't get a completion certificate then what problems does it leave down the line ?
One option might be to ask that the contract of sale specifically leaves the vendor liable for any issues arising - that might give them an incentive to sort it.

I know I'm buying a house at the moment, and the solicitor took trouble to point out the "sold as seen" clause and point out that I need to satisfy myself that everything is OK before exchanging contracts. As it is, the boiler broke down again before the gas safety checks could be completed, and teh gas fire in the living room was declared ID and disconnected due to an incorrectly installed flue in the attic. The boiler had already been repaired at my insistence - they were hoping I'd not notice and they could leave it for me to sort out :rolleyes: So the vendor isn't very happy, but he's had the boiler fixed and is getting the flue sorted.

Fortunately there's no chain on either side !
 

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