Building Control Certificates

[legal girl]

Our building project is nearing completion - our builder has told us all along that the building control officer has been to the property and signed off each stage, but how do we go about getting documentary proof of this? Also, do we need to get Building Control to come out and sign off the completed project? Do we also need Fensa certificates for the new windows that have been installed at the property?

[The Builder]

It's the builder's responsibility to arrange for inspections to take place. It's also down to him to ensure that the final inspection is made, and that the job is "signed off". You should then receive a Completion Certificate in the post from Building Control. This is your evidence that everything is kosher.

I would ring your local District Council and ask for "Building Control". Give them your address, and ask to speak to the guy who covers your locality.
Try and do this before 10am, before the Inspector goes off on his rounds.
He'll tell you exactly what's been done, and what, if anything, is needed for completion.

[The Builder]

Fensa certificates are dealt with by the approved company that fits the windows. They can do the work independently, without having to notify Building Control.
If your builder (non-Fensa) has fitted them, then all that's needed is for BC to have been notified as a part of the overall job, which I guess, is the case here.

[factor-fiction]

Hi legal girl I think this has been answered fully so I hope you don't mind me stepping in and trying to get The Builder's attention on a similar query.

The Builder. If you see this I hope you can advise on a similar issue. We had an extension built in 1990 and we used an established Builder and an Architect. We submitted Planning Applications and I remember these were approved beforehand except we were told one window needed to be made frosted glass. The job was done and everything seemed fine.
But 10 years later we received later from the council saying as they hadn't heard from us they assumed we weren't proceeding. I can't remember why but we never got round to following it up. I recently looked through all our papers and can't see anything written down from the council signing off the work, and I can't now remember any final inspection. We also can't find the Builder- he'll have retired years ago.

Will there be a problem when we come to sell? Is it worth ringing the council or is there a risk they may ask us to knock the extension down?

[The Builder]

Since this is all in the same territory, Legal Girl, I hope you don't mind if I answer Factor on your thread.

Firstly, the problem when you come to sell, although real, could be only "technical".
To look on the black side, you know it's a legal requirement to notify Building Control and have the necessary inspections etc. A buyer could rightly ask for (to use the jargon) ...... regularisation.
Some lawyers would argue that 22 years makes it "historic", and disregard the potential problem. I know this is often the case where 30 or 40 years have lapsed.
Unlike Planning (crudely ......... after 4 years, they can't touch you), Building Regs have no official "statute of limitations".

For peace of mind now, you could apply for retrospective Building Regs Approval. Unless you're very unlucky, you should find the BC Officer sympathetic. Assuming there are no glaring breaches, and the work is still sound after 22 years, it shouldn't be onerous.
The BC Officer won't be looking to "come down on you", but he may find contraventions that he may be unable to ignore. It is possible that some remedial work may be needed.

It's a difficult call. Either to keep quiet, or resolve it completely, but maybe at some cost.
Providing that BC have absolutely no knowledge of this, you could wait until sale time. If the anomaly is picked up then, there are Indemnity Insurances available. These are used all the time now. The Insurance Companies love them since they very, very rarely have to pay out ......... easy money ;o)
A one-off payment of £100-200, and everybody's happy.

It would help to have an experienced builder, or surveyor to go over the work with you. They may well tell you to go for retrospective.
I wish I could make the decision for you :o)

[factor-fiction]

Thanks, The Builder.
I'm a little surprised that I didn't pick this issue up at the time as I'm normally meticulous about things like this. I can only assume that it's because we were preoccupied by a baby factor at the time

[The Builder]

Factor. Re-reading your post, it may be that the Indemnity option isn't available if the Planning Dept. know that the work has been done.

[factor-fiction]

We have absolutely no paperwork at all though so I'm not sure they know the work was done. We definitely submitted plans and I also remember getting approval from the people we pay ground rent to, but I can't remember anyone ever inspecting after the work was done

[The Builder]

I guess your plans were for P/Permission AND Building Regs combined if an Architect was involved. If no B/Regs application was submitted then the Architect is quite possibility at fault. He has a duty of care in this.

The builder has actually broken the Law, and the Architect could be sued for negligence. Back in the real world though, I doubt if you'd get far with them after all this time.

I will say though, that this is a lot more common than most people realise today. Similar situations are being happily resolved all the time.
Unfortunate, unnecessary, negligent, pig-ignorant, but resolvable.
Let me know if you need more.

[factor-fiction]

Thanks. I may just ask the council what records they have