The practice around Building Regulations amongst lawyers is varied. For most alterations a local authority will only enforce a breach of Building Regulations within one year of completion of the development. However, after that period the local authority can still take proceedings for an indefinite period if the structure is dangerous and constitutes a public risk.
The practice around Building Regulations amongst lawyers is varied. For most alterations a local authority will only enforce a breach of Building Regulations within one year of completion of the development. However, after that period the local authority can still take proceedings for an indefinite period if the structure is dangerous and constitutes a public risk.
Because Building Regulation approval is only given if the standard of building is compliant it is not simply an issue of whether the local authority will take enforcement, there is also the works are of an acceptable standard. If the building or extension should have had Building Regulations approval and doesn’t have it is possible to ask the local authority for what is called a Regularisation Certificate which is a document giving retrospective permission for the development. The local authority will charge for this certificate. A Regularisation Certificate will not be granted if there are any aspects of the works which do not comply with Building Regulations.
Whilst proceedings under the Building Regulations are rare, if proceedings are taken they can be very expensive. If you contravene the Regulations by building without notifying the local authority or by carrying out work which does not comply, the Council can prosecute. If you are convicted, you are liable to a penalty plus a daily charge for each day the contravention is not put right after you have been convicted.
Your lawyer will need to assess the nature of the alteration to advise you properly. If you are selling it’s reasonable to expect the buyer to raise these queries. If you are buying your lawyer should advise you as to what steps are required so that you do not face issues in the future.
It may be possible to take out an insurance policy to cover smaller risks subject to certain circumstances. We will let you know whether this is a sensible option once your lawyer assessed all of the facts in your transaction.
Surveys
I always recommend that buyers obtain a survey. When a property has been extended or altered the need for a survey is more important. Even if there is no danger of enforcement proceedings this is not a guarantee of the quality of the physical structure of the original building or the extension. The only way to be sure is to ask a surveyor to check the building.
FENSA Regulations
FENSA regulations apply to all double glazing installations fitted after April 2002. From that date all new glazing must comply with the Building Regulations. Usually compliance is proved by the production of a FENSA Certificate.
FENSA was set up by the Glass and Glazing Federation to allow registered companies to self-certify that their installations comply with current Building Regulations. Only registered providers can provide a FENSA Certificate.
If the person or company fittings the glazing was not FENSA registered then the glazing will need full Local Authority Building Control approval. All Local Authorities will know of the registered businesses in their areas and can identify unauthorised work very easily.
If you are selling the certificate needs to be produced. Replacements can be obtained if you cannot locate your certificate. If you are buying your lawyer should ask the sellers solicitors to produce the certificate.
Each property is different, but when you’re buying make sure you cover all three angles. All three are not always necessary but if you are investing and looking for a return in a short timescale remember these issues will be raised when you sell.
Thanks to John Cook –Managing Director Cinnamon Property Lawyers for this series of articles.
John has extensive experience of delivering legal services across a broad range of property transactions having worked in the legal services industry for the last 22 years.
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