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Building Regulations Completion Certificate
8 Answers
I am new to this site so please be patient.
I have sold my apartment which is one of a block of 22 built 10/11 years ago.
At almost the final hour my buyers solicitor has asked for a Building Reg. Completion Certificate. My solicitor contacted the local council for said certificate, only to be told that the property had not been "signed off". I can't apply for a Regularisation Certificate as Buildings Consent was approved.
Many flats have been sold without any problems, indeed there are two other flats sold over the past few months. Obviously all 22 flats were sold initially. I have asked the owners who have recently sold and they, too have had no issues.
I have the expired Zurich Warranty, but can't get a completion Certificate.
My question is: Is there a bespoke indemnity policy which will satisfy the buyers solicitor, given that it was the council which told me about the lack of said document?
My solicitor and I seem to be going in ever decreasing circles and the chain of 5 in in real danger of collapsing.
Thanks in anticipation.
I have sold my apartment which is one of a block of 22 built 10/11 years ago.
At almost the final hour my buyers solicitor has asked for a Building Reg. Completion Certificate. My solicitor contacted the local council for said certificate, only to be told that the property had not been "signed off". I can't apply for a Regularisation Certificate as Buildings Consent was approved.
Many flats have been sold without any problems, indeed there are two other flats sold over the past few months. Obviously all 22 flats were sold initially. I have asked the owners who have recently sold and they, too have had no issues.
I have the expired Zurich Warranty, but can't get a completion Certificate.
My question is: Is there a bespoke indemnity policy which will satisfy the buyers solicitor, given that it was the council which told me about the lack of said document?
My solicitor and I seem to be going in ever decreasing circles and the chain of 5 in in real danger of collapsing.
Thanks in anticipation.
Answers
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Yes, that's right. If the Council know of the problem, then indemnity is not possible. The reason being that they could (theoretically) claim on the policy.
I still can't understand why you can't just get it signed off now. I've known plenty of cases where this has come to light after many years. Firstly, I would ask Building Control exactly which inspections have been carried out, and which have not.
The fact that the flats were sold initially, and again recently makes a complete mockery of the situation. Bear in mind that this is all most likely coming from the buyer's solicitor alone. I doubt if the buyers care. Solicitors today can be an absolute pain in these cases. They are protecting their own positions regarding "duty of care", and possible litigation.
Solicitors are paid to do what they're told. The buyer can simply instruct them to get on with it. Once everyone is in the picture, the solicitor has done his job. There would be no threat to them; the onus is on the buyers themselves.
Given the previous sales history, it is idiotic to raise any issue now, but, remember that this could all come up again when the buyer eventually sells. You know what the reality is in property ......... the more time passes, the less the threat of successful litigation.
Having said all that, I'd still like to see what inspections are outstanding. Remedying this would still be the most satisfactory way to go.
I still can't understand why you can't just get it signed off now. I've known plenty of cases where this has come to light after many years. Firstly, I would ask Building Control exactly which inspections have been carried out, and which have not.
The fact that the flats were sold initially, and again recently makes a complete mockery of the situation. Bear in mind that this is all most likely coming from the buyer's solicitor alone. I doubt if the buyers care. Solicitors today can be an absolute pain in these cases. They are protecting their own positions regarding "duty of care", and possible litigation.
Solicitors are paid to do what they're told. The buyer can simply instruct them to get on with it. Once everyone is in the picture, the solicitor has done his job. There would be no threat to them; the onus is on the buyers themselves.
Given the previous sales history, it is idiotic to raise any issue now, but, remember that this could all come up again when the buyer eventually sells. You know what the reality is in property ......... the more time passes, the less the threat of successful litigation.
Having said all that, I'd still like to see what inspections are outstanding. Remedying this would still be the most satisfactory way to go.
As the building as a whole benefited from a Zurich 10 year warranty, I can only assume that the fabric of the building is sound.
This policy expired earlier this year.
We have full buildings insurance and all the necessary fire and safety policies are in place.
I have spoken to the buyer and her lender seems only to require proof of the warranty. Her solicitor had this at the beginning of the week. It begs the question, why wasn't it sent sooner?
This policy expired earlier this year.
We have full buildings insurance and all the necessary fire and safety policies are in place.
I have spoken to the buyer and her lender seems only to require proof of the warranty. Her solicitor had this at the beginning of the week. It begs the question, why wasn't it sent sooner?
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