Building Regulations Compliance, tomorrow’s problem, day after’s problem, buyer’s problem!

As conveyancers we have to consider multiple separate and distinct regimes every day, one of them is the planning regime largely under the Town and Country Planning Act 1990. Another that is frequently criticised or the cause of delays are the Building Regulations (also known as Building Control). 

Understanding Building Regulations 

In summary, Building Regulations are minimum standards applicable to the design and construction (or alteration) of a building or structure. The Building Regulations are binding against Property owners. In the event of a breach, the local authority has enforcement powers and are under a duty to enforce the regulations, ensuring that building works in their locality are compliant and meet the standards. There are some more technical points around listed properties or those in London, but put simply, Building Regulations apply. 

Examples of Works Requiring Compliance Evidence

Examples of where evidence of compliance with the Regulations is needed include new electrical circuits in special locations or new electrical consumer units, gas related works or structural alterations. Please note this is not an exhaustive list. Considering gas works for example, when a new gas-fired boiler is installed, we would look to see evidence that this was carried out by someone registered under a Competent Persons Scheme such as GasSafe or otherwise in accordance with Building Regulations. We would need, for example, a GasSafe Building Regulations Completion Certificate for the installation. 

Why Non‑Compliance Matters

Were a boiler to be installed otherwise, the local authority could take enforcement action, which makes sense if you think of how a faulty or improper boiler installation could go wrong – Carbon Monoxide, fire etc – not to mention the fact that buildings insurance might be void! Another example might be structural alterations, for example the removal of a load-bearing wall or joist. As a conveyancer, and not as a surveyor or structural specialist, I depend on the documents, I cannot assess safety myself.

The Myth of the 10‑Year Rule

We often find that problems with Building Regulations are put off, not for days or months, but for years. A common misconception is that the enforcement powers of a local authority are time limited to 10 years from the works. This is not true where there is a question as to the safety of the works that should have been signed off. There is no time limit when a structure or building is dangerous. So that structural alteration in your extension 12 years ago will be a problem today. 

Why You Should Speak to Your Conveyancer First

When Building Regulations are an issue there are various ways of dealing with it however you should always speak to your conveyancer about this before trying to take action yourself. 

The Risks of Seeking Retrospective Sign‑Off

If you went to local building control for retrospective sign off, what happens if they refuse? You will have tipped off the enforcing body that they can potentially take action, this means an indemnity insurance policy cannot be obtained against the risk of enforcement. Conversely, you may tell a seller you would settle for an indemnity insurance policy only for your conveyancer to advise you that your lender will not accept it. 

Lender Requirements and Buyer Protection

It is not a buyer’s fault that their lender does not want a potentially dangerous property, or one where works may need remedying, as security. Equally, where works were done without sign off, a buyer cannot be expected to consider them safe and proper, and to have no ill effect on the value of the Property. 

The Importance of Early Disclosure

Giving us as much notice of works and alterations as possible is the best way forward, we are here to advise and help, but we need to know. 

Speak to our Residential Property Team

 If you’re buying or selling a home and have concerns about Building Regulations, planning issues, or past alterations, our specialist residential property team is here to help. Contact me, Joshua Kingston here. I wiil help provide clear, practical advice to protect your position and keep your transaction moving.