Clients’ of ours were purchasing a three bedroom house and the searches carried out on this property revealed there was no actual building regulation completion certificate for the third bedroom which was in the loft. This can also affect the value of the house and possibly impact as to whether a mortgage lender will provide a loan. Our clients wanted to know what they should do about this problem.
It appeared to us that an application for building regulation consent may not have been made at all. Alternatively, the building regulation control inspector may not have signed off the loft room and issue a certificate due to room not complying with current planning and building regulations.
Often in these circumstances, the seller of the house may offer to pay for indemnity insurance for the lack of a building regulations completion certificate, However, it is unwise to accept this because building control is concerned with health and safety of the occupants in and around the building and without a completion certificate it is not known if the loft room has been constructed properly and safely.
If the estate agent advertised the property as having three bedrooms without a completion certificate this description is inaccurate and could amount to misrepresentation.
We recommended that our clients either pull out of the purchase as they hadn’t exchanged contracts or they could consider re-establishing the value of the property as a two bedroom house and make an offer to the sellers reflecting this factor. Alternatively they could reduce the current offer on the house to reflect the cost of putting the loft conversion in order so that it satisfies the building control inspectors so that a completion certificate is issued.