Completion certificate woe

Back in '99 I applied ffor planning permision for a single storey extension, garage replacement and storm porch. This was duly granted and in May 2000 the BCO made his first visit to site. It was just after this visit that I hit a few problems with Thames water which caused a redesign and delay to the next BCO visit in September. Subsequent visits were as would be expected in line with such a project.

Fast forward to July 24th 2008 and a survey is being done on the house in preparation for a sale which has been pending since March!! I show the surveyor all the paeprwork,; planning apporval notice, correspondance from Thames water, sgigned Party wall doceument etc.and he asks for the completion certificate. No problem says I, blissfully unaware that no final inspection has ever taken place and that no certificate has been issued.

Having discovered the lack of certificate, the surveyor was very helpful & suggested that I obtain a legal indemnity policy which is the normal accepted route for this kind of problem. This was done & problerm solved as far as I was concerned. Wrong! My buyer does not require a mortgage to fund the purchase of the property and has been adivised that such a policy will not provide her wirth the cover she needs. Does any one know if this is correct?

In the meantime I've approached building control & they have been as helpful as a chocolate fireguard! They have no intentionof visiting the property (although this is at the discretion of the surveyor assigned to the job) citing that it is a number of years since the works commenced. They have indicated that they will proviode a letter to the solicitors detainiling all the visits that were made and will include a copy of the planning approval document, which has previoulsy satisfied some solicitors. Would this paperwork, if accepted by the buyers solicitor then be accepetd by subsequent solicitor or will any future seller of theis property have the same headache I am facing now? Finally, what are my options in trying to obtain a certificate? I've thought about private cerification but am doubtful this is a realistic option, I'm prepared tp pay an additional fee if necessary, but no mention has been made as this being available through the Building Control Office. I've even had an independant building control officer speak to the LA in the hope that' professional to professional' might help & that got me nowhere and raised a few more issues that have never been mentioned to me or the builder!!

The builder is adamant that he called the LA & notified them that works were complete. The LA has no record of this & we cannot prove the call being made. At the time the works were in progress and up until very recently, I had no idea about the role of building control and as many do, relied on the builder to fulfil his part as he is the 'professional ' that I engaged to build the designs submitted by the architect and approved by the planning department.

If anyone could help I'd be very grateful indeed.

Reply to
henry.ernst
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This sounds odd to me. What kind of protection does she need beyond what a (usually very nitpicky) lender would need? By taking it without a completion certificate she's taking two risks.

Firstly that the the council will at some point in the future choose to take enforcement against the work and demand that it all be knocked down. Given that there's nothing wrong with it (I assume) the chances of this happening are as close to zero as makes no odds, and anyway that's what the insurance insures against. In any event, I believe the possibility of enforcement action is time-barred after 12(?) years, in which case this will soon become a non-issue.

The second risk is that, independent of the council choosing to enforce, without the certicifate the extension could be jerry-built and unsound/unsafe. However, that could be said of the rest of the building presumably, for which I don't suppose there's any certificate that it was built according to the standards of the day. That's why you have a surveyor to look at it. If buyers required documentary proof of the building methods used for every part of the structure then nothing older than about 1960 would be saleable!

Sounds like a buyer finding a reason to negotiate the price down in a buyers' market.

Cheers!

Martin

Reply to
Martin Pentreath

================================== A 'Regularisation Certificate' seems to cover a multitude of sins. You apply for this if you've done work without prior approval. I don't know how comprehensive (or relevant in your case) it is but it's worth asking your local authority. They might welcome such a solution if they fear a potential dispute with you and your builder.

Cic.

Reply to
Cicero

snipped-for-privacy@gmail.com coughed up some electrons that declared:

Regarding my property renovation project, I've just had in the last few days an hour long informal talk with the BCO for the area down at his office. To say he was helpful is an understatement, I feel rather lucky :)

Your point: I asked if it was worth splitting my job into 2 or 3 phases and BNA's as phase 3 won't be complete for maybe 2 years. (Phase 1 is half house fully habitable, phase 2 is do the other half, phase 3 is tart around outside, shed(s), odd lights etc (mostly Part P).

His more or less exact words were "no, just do a single BNA, don't waste your money. Once commenced there is no time limit for completion".

Can't quote chapter and verse, but maybe one of the BCO regulars here can?

I believe there may be a time limit to start, but that's clearly not relevant here.

Cheers

Tim

Reply to
Tim S

There may however be a time limit for completion under the *current* regulations, if/when the regulations change at some point in the future there will only be a certain amount of overlap time, after which your construction may have to be compliant to the newer version.

This is really only an issue if you're spending 10 years building a shopping centre...

Owain

Reply to
Owain

Owain coughed up some electrons that declared:

Valid point. I might ask our BCO when he does a site visit if the dormer conversion would withstand a regularisation application (never had LABC, or at least they've lost the records if it ever had). Not very important, but it would shut up future whiney solicitors. Suspect it would have passed OK in 1975 (presumed date, no one knows for sure), but more doubtful now for a variety of peripheral reasons.

Cheers

Tim

Reply to
Tim S
**UPDATE**

I have a Completion Cerificate!! (or will do when Royal Mail finally get it to me!)

On Monday 5th August, I called the LA Director of Building Control and diplomatically gave him both barrels! I was polite but firm and queried with him the accuracy of statements made by his team in relation to my project. he promised toinvestigate and would come back to me. The following day I received a phone call from the Senior BCO and arranged for a site inspection the following day (Wednesday).

Wednesday, site inspection day. Senior BCO arrives and shows me the record of inspections file that even he admitted was woeful. Having gone through the plans etc, we can see that all that is missing is the the documented inspection of the drainage to the rear extension.He tells me what is required and we arrange for me to contact him in the morning once I have the system sealed and ready to do the leak test. He then inspects DPC level inthe garage and looks at all the construction photographs that were taken which prove to be invaluable.

Thursday, Drainage leak test day. Builder arrives, seal drasin, fill it upas directed & the Senior BCO is contacted and ariiveas aboit 45mins later. He explians a few things to the trainee accompanying him and then checks the levl-still OK and pronounces it is good. We then unplug the drain to sgow how much water is in the system and he says fine-I'll process the certificate tomorrow & you should have it by Wenesday next week.

Yee Haa!

Thanks to everyone who commented and encouraged me. The mora of the story is: Don't accept what the 'hlpdesk' tell you, take loads of photos during the copnstruction phase and don't be afraid of saying what you think if you know you are right.

Reply to
henry.ernst

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