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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I am buying a flat through shared ownership and have been advised

Resolved Question:

I am buying a flat through shared ownership and have been advised that there is no building completion certifcate. The housing association have advised that this is not necessary as they have supplied proof from the nhbc that it is guaranteed. I have not completed as yet and am concerned that my mortgage will demand the certificate and I will have similar problems when or if I sell. The property is 6 years old.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this ?
Customer: replied 3 years ago.

Hi do you need more information? If not I need to know the original answer to my question which is what are my options if there is not a building completion certificate in place and how would this affect me?

Expert:  Jo C. replied 3 years ago.
This is easy to resolve and I can see no reason why your solicitor is being vague or evasive.

The completion certificate for building regulations approval is not necessary after six years.

It is important that you do not raise this with the council because if you do and they raise any queries even after all this time, you will lose the solution which I am about to give you.

The enforcement period is only 12 months in any event.

However just because the local authority are not going to enforce the lack of building regulations approval does not necessarily mean that no one else will come forward with a problem and it does not mean that the building is safe.

What would usually happen therefore is that your solicitor would ask for an indemnity policy in respect of lack of building regulations certificate, to be provided by the seller.

If the seller will not provide it and pay for it, then you will have to either pay for it yourself or abandon the purchase.

The policy is not expensive and expect to pay under £150. This process is quite normal and these indemnity policies are normally arranged on the block policy where the solicitor will self issue the insurance certificate himself and send the premium off to the insurance company.

Can I clarify anything for you?
Customer: replied 3 years ago.

Many thanks Jo, how long would I be indemnified for? and would I then need to get a new indemnity policy if I sold the property in a few years.

Expert:  Jo C. replied 3 years ago.
For as long as you own the property and as long as you can find the certificate (they do tend to get lost) it also applies to your buyer when you eventually sell.
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