Flint Bishop

Your house sale could come tumbling down if you fall foul of building regs advise MFG Solicitors

Andrew Davies, an associate at MFG Solicitors, warns of the dangers in not keeping up with building regulations.

Carrying out improvements to your house may seem like an obvious and ideal way of increasing its value and making a sale easier, but beware… if you fall foul of the building regulations system you could jeopardise the whole deal.

One of the most commonly encountered issues in the conveyancing process is a lack of building regulations approval. This could involve alterations to the property or certification for installation of double-glazing, electrical works, or new boilers.

Home improvements may seem a sound investment in an uncertain housing market but owners must get the right approvals first.

Building regulations affect the ways in which buildings are built, altered and knocked down.

They deal with materials, ways of installing appliances, energy conservation and health and safety issues.

Obtaining building regulations approval and planning permission are different things and obtaining one does not automatically mean you won't require the other.

Not all works requiring building regulations approval need planning permission, but your local authority can advise you.

There is a legal requirement to obtain approvals for certain types of work.

If you do not have this, or the work you have done does not comply with an approval, then the local authority can take enforcement action against you within 12 months of the breach.

You may be liable for prosecution, a significant fine or even an ongoing daily fine.

Building regulations deal with safety issues. Converting a loft and adding value to a property may seem tempting, but don't flout regulations and cut corners. You could be putting lives at risk - and you won't be adding value.

The two most common problem areas are loft conversions and garage conversions.

Approval is required because both change the use of the space affected from what it was designed for.

Garage conversions are affected by regulations dealing with sound and heat insulation and the structure of new openings.

Loft conversions are affected by issues of structure, fire safety, access and similarly insulation.

Non-compliant work could lead to the denial of a claim by the insurer.

It will also be a breach of the mortgage conditions if the homeowner makes alterations, or carries out installations without the proper approvals or certification.

The best advice is to consult the local authority before starting work and where necessary applying for building regulations approval.

Work that is self-certified, such as double-glazing, or new boilers, should only be carried out by appropriately registered contractors.

Keep any compliance certificates and certificates of completion safe, as these will be required to be produced on any subsequent sale.

If you have already done work without approval you can still apply for a certificate of regularisation. The local authority will inspect the work you have done.

A certificate may be given if it is up to the standard. If non-compliant work is discovered you will be required to remedy the defects.

 

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Article published by Midlands Business News on 18 November, 2009

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