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Building regulation enforcement period

1 Comment 19th July 2010

Currently a lack of building regulation consent can be enforced at any time. As a result when selling a property a homeowner is often asked to provide evidence of building regulation consent for any works carried out at the property ever. As gas, electrical work and windows are all now subject to building control this regularly delays property sales causing frustration to all concerned. the chances of enforcement action are extremely low, but buyers' solicitors must certify to lenders that the property complies in full with building regulations

Why does this matter?

One of the major causes of delay in property transactions is the many additional regulations with which solicitors need to check compliance. By introducing a reasonable limitation period for building control one of the main causes of delay can be removed, without increasing real risk to the public.

this idea falls within the heading of cutting business regulation because it affects the property industry by creating extra work and delay, although the main victims are ordinary house sellers.


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One Response to Building regulation enforcement period

  1. I think the author is mistaken when he says “currently a lack of building control consent can be enforced at any time”. A local authority can issue a section 36 enforcement order within 12 months of completion after which it can do nothing. It would seem that the introduction of the property information form by solicitors has created a situation where past certification is being questioned. Take for instance building control. In the past it was not unusual for a completion certificate not to be issued. Inspectors would inspect the work at defined intervals but no completion certificate would be issued. This happened to myself in the 80’s. There has been no problem since ,nobody has enquired why I have no completion certificate why should they? If I were to sell my house now I am sure this would be questioned. I would be asked to pay for indemnity insurance for something I was not given 30 years ago which is now not enforceable. My opinion is – people are paying for insurance that will never be required. It is a license to print money.If anybody can give me just one example where this insurance has paid out I will change my opinion.

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