Understanding Building Control Records: A Key Aspect of Property Purchases

For individuals considering a property purchase, understanding the documentation associated with past alterations or new construction is an important part of due diligence. When a seller indicates that Building Control Completion Certificates are unavailable for works undertaken since 1985 and offers an indemnity insurance policy, it is beneficial to understand the nature of these documents and their implications. As qualified Building Surveyors at Weald and City Surveyors, we outline why securing Building Control records or obtaining a professional assessment is generally advisable in such situations.

The Role of Building Control

In the UK, Building Control (whether managed by the Local Authority or an Approved Inspector) plays a fundamental role in ensuring that building works comply with the Building Regulations. These regulations establish minimum standards designed to uphold safety, health, accessibility, energy efficiency, and structural integrity.

A Building Control Completion Certificate (or a Final Certificate from an Approved Inspector) serves as a formal confirmation that, based on the inspections conducted and the information provided during the construction process, the work appears to meet the relevant Building Regulations. It is important to note that this certificate indicates compliance based on the visible aspects and data available at the time of inspection, rather than providing an absolute guarantee against all potential future issues or hidden defects that were not apparent during the inspection.

The Scope of Indemnity Insurance

When a Building Control certificate for past works is not available, a seller may propose an indemnity insurance policy. It is essential to recognise the specific coverage of such policies:

An indemnity insurance policy primarily provides protection to the buyer against the risk of the Local Authority taking enforcement action due to the absence of Building Control approval. For example, if the council were to identify the unapproved work and issue a notice requiring rectification, the policy would typically cover associated legal costs and potential financial penalties.

However, a key limitation of indemnity insurance is that it does not cover the costs associated with rectifying latent or hidden defects within the unapproved work itself. Should issues such as inadequate foundations for an extension, or fire safety non-compliance in a loft conversion, become apparent after the property purchase, the indemnity policy would not fund the necessary repairs. The financial responsibility for addressing these non-compliant elements would typically fall to the new homeowner.

Potential Issues with Unapproved Works

Without Building Control sign-off or an independent professional assessment, properties with unapproved works may carry various risks:

• Structural Concerns: Alterations, such as extensions or wall removals, performed without proper structural calculations or implementation, could lead to issues like cracking or movement. Remedial structural work can be a substantial undertaking.
• Fire Safety Deficiencies: Works like loft conversions require specific fire safety provisions (e.g., fire-rated doors, smoke detection, protected escape routes). Non-compliance can compromise the property’s fire safety measures, such as the intumescent pipe collar pictured above, which has not been securely fixed.
• Damp and Water Penetration: Improper construction techniques, such as incorrect damp-proof courses or roofing, can result in dampness, timber degradation, and mould growth.
• Energy Performance: Insufficient insulation in unapproved works can lead to reduced energy efficiency and higher heating costs.
• Services Issues: While specific trades are often covered by competent person schemes, any associated building work carried out without oversight could potentially conceal issues with electrical wiring, plumbing, or drainage.

Recommended Steps for Purchasers

To address these considerations effectively, we recommend the following steps for prospective homebuyers:

1. Request Documentation from the Estate Agent: Prior to making an offer, request written confirmation that all Building Control Completion Certificates and relevant Competent Persons Scheme Certificates are available for any works undertaken post-1985.
   • Competent Persons Scheme Certificates: These are issued by registered installers for specific types of work (e.g., electrical installations, window and door replacements, boiler installations). Instead of direct Building Control notification, these certified professionals (e.g., FENSA for windows, Gas Safe for boilers, NAPIT/NICEIC for electrics) self-certify their compliance with regulations. These certificates serve as important evidence of compliant work.
2. Utilise Online Public Records: Many Local Authorities provide online portals where Building Control applications and completion certificates can be searched by property address. While not exhaustive, this can be a helpful initial check.
3. Consider a SPRIFT Desktop Research Report: Weald and City Surveyors can provide a SPRIFT Desktop Research Report for your target property. This document compiles publicly available data, often including historical planning and Building Control applications where published by the local authority, offering a broader understanding of the property’s history.
4. Obtain a Professional Assessment: If Building Control records are missing or if concerns about the quality of past works exist, engaging a qualified Structural Engineer or RICS/RPSA Building Surveyor (such as those at Weald and City Surveyors) to assess the works is a prudent step. This assessment can identify potential defects and provide recommendations for ensuring compliance and safety, offering a more comprehensive understanding of the property’s condition.

While an indemnity policy can address the legal risk of Local Authority enforcement, it does not mitigate the practical and financial risks associated with non-compliant or defective construction. Thorough due diligence is key to a secure property purchase.

Contact Weald and City Surveyors Limited today to discuss your property concerns, order a SPRIFT Desktop Research Report, or arrange a pre-purchase Building Survey in Kent or East Sussex with one of our RICS or RPSA Building Surveyors. We are here to assist you in making informed decisions.