Building Regulations establish minimum standards for design, construction, and alterations to virtually every building to ensure the health and safety of people in or around those buildings. They also include requirements for conserving fuel and power and providing access and movement facilities for people, including those with disabilities, within buildings.
Interaction with planning control is also significant. While planning permission may be required for many types of building work, Buildings Regulations approval is likely necessary for others, such as internal alterations, even when planning permission is not.
The types of works covered include ordinary building work, new constructions, internal or external alterations, and the installation of drains or other services. These are managed by the local authority or independent building control firms known as "Approved Inspectors." The GOV.UK Planning Portal offers interactive guides to help determine if building regulations approval is needed for various common projects.
Under the FENSA scheme, approved installers of replacement windows and conservatories can issue certificates confirming compliance with building regulations. Similarly, registered Gas Safe engineers certify the installation of gas boilers and similar appliances.
What inquiries should be made on your behalf?
Standard conveyancing inquiries include questions about any building works, window replacements, conservatories, etc. Sellers are requested to provide all relevant documents such as planning permissions, building regulation consents, double-glazing FENSA certificates, Gas Safe certificates, and approvals, which they might have misplaced.
We may suggest they request duplicate copies from the local authority. Our local search might uncover some consents and approvals, but it may not disclose every double-glazing FENSA certificate or Gas Safe certificate issued.
It is advisable to consult a qualified surveyor or another appropriate expert whenever there is a suspected violation of building regulations.
What happens if consents or approvals are missing?
The absence of consents or certificates could suggest that the construction is structurally unsound, consent was denied, or no application for consent was submitted at the time.
Possible entries in your local search:
Enforcement Notices
Local authorities typically avoid formal enforcement, preferring to encourage the owner to complete the work, especially when there's a significant risk of a building collapsing, causing injury, or posing a threat to life. They can issue an Enforcement Notice, giving the owner 28 days to perform the necessary work, after which the local authority may execute the work at the owner's expense. Enforcement notices are only issued within 12 months after the completion of non-compliant building work.
Injunctions
While local authorities can seek an Injunction, it is exceedingly rare. There is no time constraint for an injunction, but they are generally used only in urgent situations where the expense is justified by the risk of severe danger to health and safety, such as when a nightclub or cinema is at risk of fire.
Regularisation certificates can be applied for retrospectively through the local authority if building regulation approval was not obtained for work done on a property. This option is only available for work completed after October 1985 and cannot be sought from a private building inspector. The local authority will charge more for this retrospective approval than if it had been sought at the appropriate time, as a deterrent to late applications.
Should you apply for a Regularisation Certificate, the local authority must inspect the work, which can be time-consuming. They may require excavations to expose the foundations, for instance, making it an unsuitable solution during a conveyancing transaction. Furthermore, costly repairs may be necessary before the certificate is granted. Generally, the work is assessed against the building regulations in force at the time it was carried out, rather than current standards, even if they are now more stringent.
Title Insurance
Title insurance plays a role in risk management, particularly concerning issues like substandard construction or hazardous gas appliances.
Typically, title insurance policies cover the costs of legal defense against any enforcement actions by local authorities, although policy terms can differ. However, local authorities seldom enforce except in cases of significant safety concerns, preferring to encourage owners to undertake repairs voluntarily, which may not be covered by title insurance.
Moreover, local authorities are often constrained by time, as they must issue an Enforcement Notice within 12 months of a violation, and the problematic work may have been completed long before.
Crucially, title insurance does not safeguard against physical defects in a building, such as structural failures or safety hazards that could result in injuries or fatalities from incidents like wall collapses, electrocutions, carbon monoxide leaks, or fires due to inadequate safety measures. These tragic occurrences are too often reported in the news.
Additionally, subsequent structural issues, like cracks, might not be covered by standard home insurance policies, which typically require the property to be well-maintained.
Issues
Local authorities have the power to prosecute violations in the magistrates' court. Such prosecutions are uncommon and are typically reserved for blatant or intentional breaches. The deadline for initiating a prosecution is contingent on the breach date; however, for breaches occurring after 22/09/2008, the prosecution must commence within six months of the breach's detection and within two years of the completion of the non-compliant works. Consequently, many breaches are beyond the time limit, rendering it too late for local authorities to pursue action, regardless of available staff and budget.
Particularly in cases where the identified issue could lead to death, injury, or structural damage, it is crucial to engage a qualified surveyor (or another relevant expert) to evaluate the situation and determine if the works are safe or if remedial action is necessary. They can provide practical advice, as well as answers or solutions to the issue.
Subsequently, you may consider negotiating a lower purchase price with the seller to cover the cost of the remedial works, request that they address the problem, or acquire the necessary certificates.
As conveyancers, we are not qualified to offer advice on these matters since our expertise does not extend to building construction, gas, or electrical safety. Nevertheless, should you have any concerns, we encourage you to reach out to us.
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