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    Advice needed about Building Reg Completion Certificate

    I am after a bit of advice. We are currently in the process of buying a property that was built about 5 years ago - it has been going on now for about 12 weeks and the solicitor has only just found out that it has no completion certificate. Below is a copy of the email the solicitor sent me:

    We are writing to update you on your purchase.



    We have now received a letter from Rothwell and Evans who have been told that the Building Control was dealt with by the NHBC which is somewhat confusing as the property benefits from Zurich cover not NHBC. It would appear that the development may have been sold off my Persimmon to Redrow Homes and they are endeavouring to resolve this by offering to us an Indemnity Insurance Policy for breach of Building Regulation.



    The Building Regulations Indemnity Policy would only cover any enforcement action taken by the building office and would not confirm that the property has been built safely which is the main reason that a Building Regulations Completion Certificate is issued.



    We would suggest that you discuss this issue with your Surveyor as he will be able to certify whether the property has been built safely or not.



    We are also going to have to write to your Mortgage Company to advise that the property does not benefit from a Building Regulations Completion Certificate and ask whether they will accept the Indemnity Insurance to cover any possible enforcement action.


    Should i go with the Indemnity policy or ask the Vendor to get the council to do an inspection and issue a completion certificate (or is this to late to do?).
    I haven't been able to get any advice from my solicitor as she never speaks to us she is always "engaged with another client" or "out of the office".

    Any feedback will be greatful as i have never come across a problem like this before.

    2 Comments

    Banned

    My best advice would be to get a better solicitor, a good solicitor should never be too busy to speak to a client, especially when a problem arises.


    I have a funny feeling your mortgage company wont accept an indemnity policy which would then cause you allsorts of problems as i dont think you can get NHBC certificate 5 years on.


    Disclaimer, i am only going from my limited personal experience and this should be no way relied on, ( which is why i say you need to sort out a meeting with the solicitor).

    Supermod

    lottysdad08;7017330

    My best advice would be to get a better solicitor, a good solicitor … My best advice would be to get a better solicitor, a good solicitor should never be too busy to speak to a client, especially when a problem arises.I have a funny feeling your mortgage company wont accept an indemnity policy which would then cause you allsorts of problems as i dont think you can get NHBC certificate 5 years on.Disclaimer, i am only going from my limited personal experience and this should be no way relied on, ( which is why i say you need to sort out a meeting with the solicitor).



    A prudent solicitor would put this issue in writing to a client so that they have it in a clear and unambiguous format. Remember, this is not the solicitors doing.

    You need to find out the reasons why a completion certificate wasnt granted and then, if you are still keen on purchasing, arrange for a certificate of completion with your local planning and building regulations office of your local authority.

    Are any of the other properties in the development being sold off? You could ask them how they overcame this problem.

    Mortgage companies have in the past (from my experience on this exact issue) been reluctant to lend without a completion certificate. There is no reason why they should be reluctant in my opinion as long as the building works were carried out by a reputable firm.

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