If you are looking to sell a property without building regulation approval, there are a few key things to consider. Most of the time, two common scenarios could lead to not having building certifications.
The first is when homeowners choose not to obtain the necessary approval. This could be when they are making simple changes to their home, such as a conversion or installing solar panels.
These modifications might seem insignificant, but they are still subject to building regulation requirements. It is easy to forget about the application process when you do not submit it right away.
The more complex cases arise when the property is not owned by the original owner. If they made any changes before you bought the house and they do not have the appropriate certifications, it is your responsibility to figure out a solution.
The property must be inspected before, during, and after the alterations are made.
It is important to abide by building regulations as many factors can be affected if the standards are not followed. Moreover, when you are trying to sell, it can decrease the value of the property.
What building works require building regulations approval?
What building works don't require building regs approval?
Structural work and alterations
Extensions, including some conservatories
Drainage
Heat producing appliances
Cavity wall insulation
New electrics
Excavation and pouring of new foundations
Building of oversite
Damp Proofing
Signing off a new build before completion
Work carried out by a member of the Competent Persons Scheme
Most repairs and maintenance (except heating systems, oil tanks, fuse boxes and glazing units)
New power points and lighting points, or repairs/maintenance to existing circuits (except around baths and showers)
Replacing toilets, baths, sinks and basins (same type fixture in same location – ie replace an old tub with new tub)
Table of Contents
Can I sell a house without building control?
If you don’t get building regulations approval, you risk being fined and even having the work demolished. It could also affect your ability to sell the property in the future.
This is not an uncommon issue, and the consequences of not obtaining the necessary approval can be unpleasant.
There are three possible outcomes:
- Enforcement action: If the building authorities are notified of your lack of certification, they may take action against you, even if the alterations were made by the previous owner. If you do not address the issue and the building regulations are not met, you could be fined or face court proceedings.
- Extra expenses: If the alterations fail the building standards, you will have to redo them to comply. This will involve more expenditure, reducing your profit and reducing the value of your property.
- Almost impossible to make a sale: Selling a property that is already undervalued is difficult enough, but in some cases, it may be impossible to sell the property at all. Potential buyers may not be able to get a mortgage if the property’s structural works do not meet the building regulations. This is because they need to make sure that the building and any alterations made adhere to the standards.
Can you get retrospective building regs?
You can get retrospective building control approval. If the work wasn’t approved previously or if the previous owner didn’t have the relevant approval before starting the building work, you can apply for ‘regularisation’ – retrospective approval.
Retrospective building control approval
This is a viable solution. You can obtain building control approval for work that has already been completed. This process is referred to as ‘regularisation’, wherein a building control surveyor inspects the property and determines whether it is compliant with regulations and standards.
Although the process can be complex and time-consuming, this is the best way to get out of such a tricky situation. If your property meets the standards, you will receive a regularisation certificate.
That said, this method is not flawless. There are limitations and other considerations to be taken into account. To begin with, private inspectors are not authorized to carry out the assessment.
You must contact the Local Council to obtain a regularisation certificate. Additionally, you will incur higher fees than would usually be charged for a regular building control approval. This policy encourages homeowners to obtain approval promptly.
What if a building regulation completion certificate is not issued?
There are two options if your property doesn’t have a completion certificate. Applying for a regularisation certificate or getting indemnity insurance – both have their advantages and disadvantages.
After the building work has been completed, you can apply for a certificate.
What can you do if you have no building regulations?
The most economical and straightforward way to tackle a lack of building regulations approval is to take out an indemnity insurance policy. This type of policy offers financial protection to the new property owner against any legal action taken by the local authorities.
An indemnity insurance policy is distinct from other kinds of insurance policies as it is paid out only once. In the case of building control approvals, indemnity insurance covers the costs of enforcement action from the authorities.
For example, if the property is sold for £500,000, you can purchase a £175 insurance policy.
Is my builder responsible for building regulations?
Whoever carries out the building work should be responsible for ensuring that the work is compliant with the Building Regulations.
However, responsibility ultimately lies with the building owner, who may be served a notice if work doesn’t comply with the Building Regulations.
Is it a criminal Offence not to comply with building regulations?
Violation of the building regulations is a crime and legal action may be taken in accordance with Section 35 of the Building Act 1984 against anyone who breaches them.
What happens if you break building regulations?
The local authority can issue an enforcement or contravention notice to the owner, requiring them to change or remove work that doesn’t comply with the Building Regulations.
If the owner doesn’t comply with the notice, the local authority can carry out the work themselves and reclaim the costs from the owner.
How long can lack of building regulations be enforced?
Lack of enforcement of building regulations takes place when a local authority issues a Section 36 notice. The owners must either dismantle the structure in question or do whatever is necessary to meet building regulations.
The local authority must serve Section 36 within one year of the work being completed.
After this period has elapsed, they can apply to a court for an injunction. If this is granted, the premises or the part affected by the works cannot be used. However, this has yet to be tested as no local authority has ever requested this type of injunction.
Can I get building regs after work is done?
You can obtain building regulations after the work is finished, provided that it is compliant. You can request a letter of regularisation, which is given once an inspection has been completed, if the work meets the required standards.
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