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Building Regulations Unapproved Building Work: Introduction
In the fast-paced world of property transactions, one detail can slow things to a crawl: Building Regulations compliance. Whether you’re buying or selling, ensuring that your property meets these standards can mean the difference between a smooth sale and a deal that falls through.
In this guide, we’ll cover what Building Regulations and Building Control involve, how unapproved alterations can lead to delays, and most importantly, how to tackle these issues effectively to keep your transaction on track.
What Are Building Regulations and Building Control?
Building Regulations
Building Regulations are a set of legal standards set by the UK government to ensure the safety, efficiency, and accessibility of buildings. The primary legislation is known as the Building Act. There are also several Approved Documents which provide further information and rules to comply with the Act. These rules cover everything from fire safety and structural integrity to energy efficiency and accessibility for disabled individuals.
Building Control
Building Control, on the other hand, is the process of making sure that any work carried out on a property complies with these regulations. Local authorities or approved inspectors carry out inspections at different stages of construction or renovation, issuing a completion certificate if everything meets the required standards.
Common Home Alterations That Might Lack Approval
It’s not uncommon for homeowners to make changes to their property without securing Building Regulations approval, often unintentionally. But whether you’re buying or selling, unapproved alterations can create big problems down the line. Here are a few of the most common types of work that frequently lack approval:
Loft Conversions
Loft conversions can add significant value and space to a home, but they also come with strict regulations around fire safety, structural integrity, and insulation.
Basement Conversions
Turning a basement into a habitable space involves complex building work, requiring approval for structural changes, damp proofing, fire safety, and emergency exits.
Removing Load-Bearing Walls
If you’ve knocked down an internal wall to create an open-plan space, it’s essential that this was done with the correct support in place. Altering load-bearing walls can affect the building’s overall structural integrity.
Removing Chimney Breasts
Homeowners often remove chimney breasts to create more living space, but doing so without appropriate support can compromise the entire structure of the building.
All of the above and many other alterations within properties should comply with Building Regulations, this is to ensure that the work is safe and compliant. Most structural alterations will require Structural Calculations to ensure the design is correct. In many cases, unless there has been some form of Project Management the only time the work will have been checked independently is by Building Control, so if the approval doesn't exist there is an increased risk of the building work being incorrect, non-compliant and unsafe.
The Conveyancing Perspective: Why Unapproved Alterations Are a Big Deal
During the sale of a property, the buyer’s solicitor will ask for evidence that any alterations have Building Regulations approval. If you don’t have this, it can lead to delays, renegotiations, or even cause the buyer to pull out altogether.
Here’s the reality: Building Regulations compliance issues are just as likely to derail a property sale as major physical defects. Buyers might be put off by the unknowns, like the cost of bringing work up to standard or potential risks to the structural integrity of the property.
Whether you’re the seller or the buyer, getting ahead of these issues can save you time, money, and frustration. So, how do you deal with missing Building Regulations approval?
Options for Handling Missing Building Regulations Approval
If alterations have been made without Building Regulations approval, there are two main ways to move forward: obtaining a Regularisation Certificate or opting for an indemnity policy. Here’s a breakdown of both:
1. Regularisation: Get the Work Regularised
Regularisation involves Retrospectively Applying for Approval of Building Regulations. The local authority will inspect the work to confirm that it meets the required standards.
For Sellers:
Pros: A regularisation certificate reassures buyers and mortgage lenders that the property is compliant.
Cons: The process can be lengthy and costly, especially if upgrades are needed to meet current standards.
For Buyers:
Pros: You gain peace of mind knowing the property is compliant with safety regulations.
Cons: Regularisation can delay the sale, particularly if additional work is needed.
2. Indemnity Policy: Insure Against Enforcement
An Indemnity Policy protects the buyer against enforcement action from the local authority for unapproved work. This is often the quicker option but doesn’t cover the actual quality or safety of the work.
For Sellers:
Pros: Offering an indemnity policy can help speed up the sale process.
Cons: Buyers may still negotiate a lower price due to the risks associated with unapproved work.
For Buyers:
Pros: You’re protected from legal enforcement, and the sale can progress faster.
Cons: You’ll still need to consider whether the work itself is safe and compliant, as the policy doesn’t cover future repairs.
Be Proactive: How Buyers and Sellers Can Avoid Delays
For Buyers: Get a Detailed Home Survey
Before exchanging contracts, a Comprehensive Home Survey is essential to identify any unapproved alterations that may not be immediately obvious. A thorough survey can flag up issues that you can raise with your solicitor for further investigation.
Tip: Conveyancers rely on the information you provide, and they don’t typically inspect the property. Make sure your surveyor is your “eyes and ears” during the inspection process.
For Sellers: Consider an Up-Front Vendor Survey
An up-front vendor survey can highlight any potential issues before you even put your property on the market. This can save you time and money later by addressing concerns early, reducing the likelihood of delays during the sale process.
Tip: This proactive step can give potential buyers confidence in the property’s condition, helping the sale move forward smoothly.
Contact the Property Experts Today - AMS SURVEYS:
For expert advice on getting your property survey done right, reach out to AMS SURVEYS. They offer detailed Building Surveys, Home Surveys, and Vendor Surveys, ensuring that you’re fully informed before proceeding with any sale or purchase.
Email: contact@amssurveys.co.uk
Phone: 0151 314 6650
FAQs About Building Regulations and Property Sales
1. What happens if a property doesn’t meet Building Regulations?
If a property doesn’t meet Building Regulations, the local authority can take enforcement action. This can involve ordering the homeowner to fix the issues, which can be costly and time-consuming.
2. Can I sell a house without Building Regulations approval?
Yes, but it could cause delays or put buyers off. You might need to offer an indemnity policy or obtain a regularisation certificate to reassure the buyer and their mortgage lender.
3. How much does a regularisation certificate cost?
The cost varies depending on the local authority and the extent of the work needing approval. Fees can range from a few hundred to several thousand pounds, particularly if upgrades are required to meet current standards.
4. What’s the difference between Planning Permission and Building Regulations approval?
Planning Permission relates to how a building looks and its use, while Building Regulations focus on the safety and structural integrity of the building. Some work may require both.
5. How long does it take to get a regularisation certificate?
It can take anywhere from a few weeks to a few months, depending on the complexity of the work and the local authority’s workload.
Final Thoughts
Understanding Building Regulations is crucial to avoiding unnecessary delays and frustration during property transactions. Whether you’re buying or selling, being proactive about compliance issues can make all the difference.
Need help navigating the complexities of Building Regulations? Contact AMS SURVEYS at contact@amssurveys.co.uk or give them a call at 0151 314 6650. They can provide expert surveys to ensure you’re fully informed, helping you make confident decisions and avoid delays.
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