Completion Certificate issued and then revoked ?

[BlueSteve]

Can anyone give me any advice - my father has recently built 4 flats (2 up, 2 down). He has obtained all the relevant certificates sound, gas, electrical, EPC etc and the Local Council has issued a Completion Certificate. On the day the Completion certificate arrived in the post the Council official rang up and said he was revoking the Certificate as he wanted sound checks doing on the other flats. We have had a set of sound tests (6 in total) performed which has involved 3 of the flats i.e. airborne + impact between floors between 2 flats (2 rooms) and airborne between separating walls of 2 flats (2 rooms) - all tests passed.
Building regs doc E states "...at least 1 set of tests for every 10 flats should be tested....". Which we have met, OK I acknowledge it says "at least 1." but surely the inspector has to ask for more tests to be performed before issuing the Completion Certificate and the flats have been built using exactly the same materials and processes, so if one pair passes then logic suggests that the other pair will pass.

My question is if we have tested 50% of the flats and covered the floor and separating wall does the Building Inspector have the right to revoke an issued Completion Certificate with no evidence ? It seems totally unfair and if he can revoke now, whats to stop him from revoking it in the future ? Any help/advice would be appreciated.

 

[DevilDamo]

I've never known that to happen before. A certificate is issued once works have been satisfactory completed and in accordance with the Building Regulations, which yours are/were.

 

[BlueSteve]

It's frustrating because it means we are back on hold and cannot move the tenants in until sorted and also the sound tests aren't cheap so is going to bump up our costs.

 

[jeds]

BC are wrong about having all flats tested. You are obliged to test 10%, unless the constructions were different, which you say they aren't.

I'd write and point out to them that they have made an error. Tell them that you have complied with the obligations as laid out in the British Standard and as far as you are concerned you have your completion certificate and it is valid. Tell them that if they have a valid reason to dispute that they should let you know immediately because the houses are sold, and will be completed very soon, and interruption of the sales will lead to considerable costs.

Let them work out that they may be liable for those costs unless they have a valid reason to dispute the facts. It will make them look at it a bit more closely.

 

[BlueSteve]

Speaking to some of my solicitor contacts they have said much the same i.e. send a letter explaining the extra costs this will incur and putting the council on notice and it may make them reconsider the situation.