Certificate of compliance

[beecee]

Hi,

I'm sale agreed on a house where the attic has been converted and an extension built. It doesn't require planning permission so that's fine. But it should comply with building regulations.

On the surface it seems fine, but my structural survey and a builder I got in to get a quote, both found several problems with the extension that do not comply with the building regulation. They all seem to be fixable problems (for about 6k!) subject to permission from the neighbour on one problem.

I tried to renegotiate on the basis of this, but they were giving nothing and threatening to pull out.

To my question: I've received the architects certificate of compliance (with the planning and building regulations) and it's only one page - mostly for why it doesn't need planning permission, and a short paragraph saying a visual inspection was done and that it is substatially in compliance with the building regulations. Is this all that they are required to provide? It seems pretty flimsy given that we know it doesn't comply. I don't want to kick up a fuss about it in case the vendor just pulls out though. Is it just a case of like it or lump it???

Any advice gratefully accepted!!!

 

[mf1]

Technically, they could (if they dealt with in the Contract) refuse to give you anything at all but simply sell it on a take it or leave it basis. Much depends on (a) how much you like/want the house (b) whether someone else wants it as much and is willing to take the problem on board and (c) how badly the Vendor wants to sell.

Be very very careful about needing neighbours permission - get that in writing before you sign the Contract - anything that is outside your control could turn out to be impossible to fix after you close.


mf

 

[beecee]

Thanks mf1,

I'm not quite sure what you mean by "if they dealt with it in the Contract". I've no idea if there's any specific mention of building compliance in the contract, but my guess would be not (particularly if they don't have to).

I guess that still leaves me in a take or leave it situation in which case I'll take it!
(a - I really want it
b - Others are likely to be willing to step in
c - The vendor is the builder who did the (shoddy) work and he seems to be willing to play hardball)

Thanks for the advice on the neighbour. Unfortunately I don't think I'll be able to contact them before I need to hand over contracts (although I'll try now!), so I might just have to trust to luck on that. I got in touch with my builder again and he reckons it's to the neighbours advantage to have the work done so he doesn't think they're likely to refuse.

Anyway, thanks again and fingers crossed... I hope I don't have to go through all this again for quite a while!

 

[mf1]

One of the standard conditions in the standard Contract is that the premises is properly compliant with all planning issues. If there are issues then you would normally exclude or restrict the provisions of Special Condition 36 ( the planning condition).

You are being given a Certificate of Compliance which is just about adequate except that you know yourself from your own investigations that it is just that - barely adequate so you really are in a take it or leave situation. In legal parlance - its a bugger.

Do take on board what I'm saying about the neighbour when you say:
"I got in touch with my builder again and he reckons it's to the neighbours advantage to have the work done so he doesn't think they're likely to refuse. " - I'm afraid my blood ran cold. He would say that - would'nt he?

Good luck.

mf