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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Building work was done 12 years ago in a house.How long should

Customer Question

building work was done 12 years ago in a house.How long should I have kept papers as it does not have building regs.
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
What were the works carried out?
Kind regards
Tom
Customer: replied 2 years ago.

Refurbishing a utility room and toilet and removing an old flimsy partition wall in what was originally the outhouse/toilet of two 1850 cottages which had put been together and enlarged in 1981. The work was done in 2003 (when we moved in ) by our trusted builder but I cannot find his papers It is not in building terms an extension as the outer walls are still 1850.He assured us that it did not need Building Regulations either.I have to fill in Solicitors forms today as I have an offer on the house . Their 2 surveyors have been recently and approved the work .The solicitors forms are much more technical and detailed than in 2003. Is there a time limit on keeping /finding papers and not needing Building Regulations?

As soon as possible please. Martin

Expert:  Thomas replied 2 years ago.
Hi Tom
Thanks for your patience.
In the property information forms you should just stated the works that were carried out.
The buyer's solicitors may raise an enquiry in this regard. You should be as precise as you can in stating which works were carried out.
If building regulations were not required then there will be no issue.
If building regulations approval was required but not obtained then the buyer's solicitors will likely require that you provide them with a building regulations indemnity policy at your expense. This is an insurance policy, for which a one-off premium is payable (usually around £50-80). They will accept it and the cost of it can simply be deducted from the sale proceeds upon completion. A condition of the policy is that you must not disclose the works or communicate to any extent with the local authority about the works, so I would sit tight and let the buyer's solicitor raise an enquiry.
The original documentation from the builder is not essential provided you can actually recall which works were carried out.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Tom.What about double glazed windows fitted in 2003 so out of guarantee again i cannot find any paperwork.? Again as soon as possible please.

Martin

Expert:  Thomas replied 2 years ago.
Hi
The windows were installed prior to 2005 when certification became a requirement, therefore you will be okay on these too.
Tom
Customer: replied 2 years ago.

Are you sure? I thought it was April 2002 on the forms.

Expert:  Thomas replied 2 years ago.
Sorry, I've just checked.
It's 2005 for electrical certificates.
In that case if no FENSA certificate/building regulaionts approval was obtained then it will require an indemnity policy as referred to above.
Tom
Customer: replied 2 years ago.

Sorry Tom but your first answer unfortunately was wrong.2005 would have been easier for me. Does Fensa apply after the 10 year guarantee period?

martin

Expert:  Thomas replied 2 years ago.
Hi Martin,
FENSA or building regulations were required for all double glazed windows installed after 2002. You installed them in 2003. Therefore, if you do not have a fensa certificate of building regulations approval then the buyer's solicitors will require a building regulations indemnity policy in the same way that they may for the work which you originally asked about.
Tom
Customer: replied 2 years ago.

done it already.sorry tom

Expert:  Thomas replied 2 years ago.
Right.
Good luck

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