The money must be deposited with your application for it to be valid. Details are attached to the application form. This Regularisation Charge is not refundable whether or not you obtain a "Regularisation Certificate". Email: buildingcontrol bromley. You are here: Home Business Building control Building regulations - a guide. Building regulations - a guide What happens if I do work without approval?
Routes to building regulations approval From October onwards, there have been two routes to gaining building regulations approval for building work. Through the local authority. There are differences in the documentation issued, dependent on which route you take. What happens if there is no approval, when there should be? What about the next time the property is sold? Is this in the best interests of the home owner? The way forward?
There are, however, some drawbacks with this: 1. How does this affect the sale of your property? Completion certificates for work done before Update 20 November Here's some further information for those in that position: Prior to there was no requirement for local authorities to issue completion certificates in all cases.
Where can I get a copy of my building certificate? The importance of completion certificates for building work Homeowners' frequently asked questions Every care was taken to ensure the information was correct at the time of publication.
Not enforceable Submitted 3 years 2 months ago Building regulations is NOT enforceable after two years. Indemnity is the simple solution. Not enforceable Submitted 2 years 7 months ago Yes, It IS enforceable after 12mths and at any time by way of an injection by the court. Building Act Submitted 3 years 2 months ago A Local Authority can still apply for an injunction to have the offending work removed at any time. The Indemnity insurance protects a client from the costs incurred of any potential injunction.
It does not protect them from action. See Building Act Section 36 6. Loft conversion Submitted 3 years 2 months ago We were interested in buying a house which we found had a non-compliant loft conversion. The works did not comply with current or original regulations relating to structure, fire escape, thermal or stair access. The owners were not prepared to acknowledge this. We withdrew and the house went back on the market described as having a compliant loft conversion with the owners, estate agents and solicitors fully aware that this was not the case, hoping to find a buyer less knowledgeable than us.
No amount of indemnity insurance will make this conversion safe. I believe the building insurance might also be invalid. Something needs to change. I told them that I was an experienced built environment professional and spoke with some authority about building design and regulation. They adopted a position of radio silence at that point.
The property remained on sale with bedroom five in the loft lacking structural and fire integrity and a headroom of 5ft 6ins.
I threatened to report them for fraudulent mis-selling of an asset. They weren't a bit bothered. Yes, something has to change to prevent these scoundrels peddling dangerous third-world construction for profit. Indemnity Submitted 3 years 2 months ago Insurance Indemnity, as far as I am aware, only covers the insured against costs associated with Council bringing legal action against the owner of the building to force them to upgrade non compliant elements.
Normally after 12 months Councils will not take action anyway. Insurance useless - waste of money. Correct Submitted 3 years 2 months ago Absolutely correct. If the work is structural and has been carried out in accordance with structural engineer's details but without building regs, much better for the seller to get a structural report done to satisfy the buyer that what they are buying is safe.
An indemnity policy will not give that assurance. Regularisation process Submitted 3 years 2 months ago The regularisation process is fraught as the inspectors will have to deal with buildings and the interpretation of regulations that can be up to 35 years old older than some inspectors and those experienced with them may have retired! Buildings are are constantly being changed, adapted and modified all often without the need for regulatory control and those amendments may have compromised the original regulated work.
The important elements i. Choosing to buy a property where there is evidence of a lack of Building Regulation Consent requires careful consideration of the options available and an understanding of the limitations and risks of the so-called solutions. Buying and selling a property can be a complex and sometimes stressful experience. Our experienced Conveyancing Team at AMD Solicitors can advise you on the issues you may encounter when you are buying or selling a property and guide you through the process so that you can have peace of mind.
If you would like to instruct us in the process of buying or selling your property, please contact us by emailing info amdsolicitors. Buying a property without Building Regulation Consent for alterations — What are the options? The sort of works requiring approval The regulations are fairly complex but broadly:- a Any work of a structural nature eg the removal of a load bearing wall or chimney breast, the construction of an extension or in some cases a conservatory would all require Building Regulation Consent.
Should you choose to proceed with the purchase of the property despite the lack of Building Regulation Consent you will be exposed to the following risks:- a An insurance company may refuse to pay out under a Buildings Insurance Policy if there is inadequate Building Regulation Consent for alterations to the property. What can I do to protect myself against the risks?
They aim to make sure that the property meets standards for: electrical safety fire safety adequate ventilation energy efficiency sound proofing damp proofing drainage and waste disposal What if the work has not been certified? Why might an owner carry out works without approval An owner may not be aware of the extent of the building regs, and therefore may have carried out work without realising that it required approval. Or the owner may have avoided obtaining approval in order to keep costs down.
The second is to obtain Retrospective Building Regulation Consent. The third is to take out insurance. Retrospective Consent The seller can ask the local authority for consent to be given retrospectively.
Without a certificate, a buyer may not feel confident that the alterations are safe. Indemnity insurance The most common solution is that the seller buys building regulation indemnity insurance that pays out for the cost of the remedial work if the buyer has enforcement action taken against him or her. The cost of such policies is reasonably low, making insurance a popular option. However: The insurance covers making good the work, not for defects caused as a result of the work or other costs such as staying elsewhere while the work is done.
Please note that the information provided on this page: Does not provide a complete or authoritative statement of the law; Does not constitute legal advice by Net Lawman; Does not create a contractual relationship; Does not form part of any other advice, whether paid or free.
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