Building regs not completed. Pursuing ex-company director: any advice? Post Reply

[BuildingRegs]

I am selling my home and in coming to complete the seller's pack have found that building regs were not completed for work done in 2005.  To get it sorted will need the work to be uncovered for buildings inspection.  

Despite this being quoted for in the schedule (and paid for!) and followed up in emails it seems that the company that did the work did not complete building regs.  Fortunately I have the paperwork, unfortunately the company in question no longer exists.  The site foreman who was a director is however now a director / owner of another large local building firm.  

Does anyone have any experience of such a situation?  Do the regs need to be completed for the buyer? Can I pursue a claim against a company that no longer exists given that there is a director who is local and still in the same trade? Please help! 

[marmitelover]

It does depend what regs you are talking about .... You don't HAVE to have building control sign-off, but without it your buyer doesn't have the assurance that all structural and safety protocols have been complied with. Firstly, it might be wise to find out specifically whether it was just that the paperwork wasn't filed - in which case you can probably get a 3rd party or the Council to help file and complete if there are any photographs of the work (most builders do this!) before it was covered up - or whether actually the work doesn't meet building regs. If it doesn't meet building regs, then you may need to do some work in your home to comply.

Having said all that, it is up to your purchaser whether they are happy to proceed without as like I say I think in private dwellings it is the owners' risk.

It's always worth pursuing someone if it was their responsibility, but I suspect that you have little legal recourse if the company no longer exists. Sorry!

[IrenaP]

Two thoughts - Have you considered getting indemnity insurance?

Second thought if it was you who commissioned the works it was your responsibility to ensure that your works were done lawfully. You could possibly go after the agent if you were not advised properly

but given the length of time it may just be easier to get the insurance.

[IrenaP]

Also there may be a statute of limitations of 12 years so you have missed this. Incidentally we bought a property that didn’t have bldg regs on works carried out in 2005 so the seller got indemnity insurance.

[sloaney donkey]

Let’s face it, if the work was shoddy then there is a good chance it would have been found out by now

- leaky roof
- tripping electrics
- cold in winter from too little insulation
- flooding
- caving in ceiling

Probably all fine. Just get an indemnity if buyer asks.

Put another way, if it is Victorian then it would be 1880-1900s and you don’t have any building regs from then.

Probably your works were more solid than the original dwelling !

Sloanster

[BuildingRegs]

Thanks for the thoughts. It was a steel
beam and removal of wall. Unfortunately the buyers don’t want to accept an indemnity. It is frustrating that I have all the calculations paperwork and proof of payment to the then builders and even more annoying that the guy who was in charge of our site now runs a high end loft / cellar / extension business locally. I don’t know if the original company “went bust” or if it was a matter of people leaving to set up their own business / incorporating the old one into the new business.

[webfountainwebdesign]

Hi

You can get building work 'Regularised' by Building Control - we had to do this for a removed wall / RSJ when remortgaging our house

It was very quick and easy but of course there was a cost, from Wandsworth Council in our case

[BuildingRegs]

Unfortunately the council building control office have already said that they would want to see proof - ie take down ceiling and possibly dig up floor. All a cost that I could do without.

[heydougall]

Given the circumstances an indemnity policy is probably the best way forward.  They are not expensive and will provide your buyer with the assurance they require.