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.