BYM no buildings regulation certificate
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10/01/24
Selling

No Building Regulations Certificate? Here’s what you can do

As soon as your house is on the market, you’ll need to get a series of documents prepared for your sale, and you might find that something important is missing.

If you or the previous owners of your home have completed any renovations, you’ll need a Buildings Regulation Certificate to confirm that the works carried out were legal.

Here’s what to do if you haven’t got a copy of your Building Regulations Certificate.

What is a Building Regulations Certificate?

A Building Regulations Certificate is an official document which identifies that any construction work complies with the building regulations.

When is it issued?

The homeowner is issued a Building Regulations Certificate upon completion of any structural works, or works which involve changing of pipes or services. This certificate confirms that the works have been carried out to the required standard set by the Building Control Department of your local council.

How to get a copy of your Building Regulations Certificate if it is missing?

The Building Regulations Certificate is an essential document if you’re selling your home as it assures potential buyers that the construction work complies with safety and quality standards. The absence of this document can raise concerns and may affect the marketability of your property, so if it’s missing, you’ll need to consider the following measures:

Contact your local authority

If your local authority carried out the work, they may have records of the building work and be able to provide a retrospective certificate.

Hire a building control inspector

You could hire an independent building control inspector to assess the construction work. If everything is up to standard, they may issue you a new certificate. However, this can take time and therefore should be a proactive step.

Get your paperwork in order

Gather any existing documents related to the construction work such as architectural drawings, planning permissions and any relevant correspondence. This can help provide a clearer picture of the work done.

Selling your home when the Building Regulations Certificate is missing

If you are in the process of selling your home and you discover that the certificate is missing, you may be on borrowed time and therefore will need to act quickly.

Either you or the buyer can obtain a building regulation through indemnity insurance. Purchased through a conveyancer, this will pay out if the works have not been carried out correctly.

The cost of indemnity insurance is directly linked to the value of the home, but it may be up for negotiation who pays this cost. This is the quickest way of dealing with the issue of a missing certificate.

Related: What are the main ways a property sale can fall through?

Should I take out indemnity insurance?

It’s important to note that indemnity insurance policies are immediately invalid if anyone approaches the council to ask about a missing certificate.

So, unless you’re aware that building regulation approval was provided at the time of building work but the copy is simply missing, the local council should not be notified or contacted, as this will delay the process.

Being transparent

When marketing your property, it’s important to tell your agent and potential buyers about the absence of a Building Regulations Certificate.

You must provide all available information to potential buyers and offer assurances that the property has been assessed by professionals, as failing to do so will only lead to delays and could result in the buyer pulling out completely.

Contact your local Whitegates branch for more information


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