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Category: Law
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I am in process of buying a Mid Terrace house in

Customer Question

I am in process of buying a Mid Terrace house in a New Development ( Wates construction) , in Aylesbury. I have given fees to my solicitor for Conveyancing. While all searches and other are clear, my solicitor raised a flag.
The Seller/ Builder's solicitors had sent a "Partial Final Completion Certificate" for my Plot, issued by HCD Building Control.
My Solicitor is requesting a Full/ Final Completion certificate.
Builder/ Seller's solicitors are saying, my plot/ building is complete on Mar,15, and the building is inspected and issues a partial completion, and ready to move in. It do have a full NHPC Certificate. But as the rest of the estate/development site is not yet complete ( due in Oct,15), a final completion certificate is not possible.
The above justification is not completely accepted by my Solicitors. And they raised the flag with my Lenders, who have required for further information. This is made the process in a deadlock.
Note: Many other occupants have taken mortgage and already took possession of the site, and I am sure they also had partial completion certificate.
My Question: I am sure there are many other new build properties, and what is legal guidance on such situation. Do other builder who have large sire to build, but set units in phases, do have full completion certificate for the units they sell?
If the above is true, what may be the reasons by Builder is not issuing the full completion certificate?
If Partial Completion Certificate is the way to go for large development sites with multiple units, then can someone refer to the guidance / handbook / reference, that I can show to my solicitor/lender to accept the partial completion certificate.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Your Solicitor is correct to challenge the partial completion certificate.

On the basis that the property was build complete in March 2015, the Building Control Department of the Council needs to issue a final Completion Certificate (a full one, not a partial one). WHenever a proeprty on a Development is complete, the Council will issue such a Certificate, and just because other Plots may not have been completed does not prevent them from issuing a "full" Completion Certificate- this is because a Completion Certificate is personal to each property and each property has to be inspected individually and then a final Completion Certificate can be issued.

I really don't know why, therefore,

only a partial Certificate has been issued- I can only assume that there must be something outstanding relating to the property itself- possibly the drainage for example.

Whatever it is, your Solicitor is correct in insisting on a "full" Completion Certificate.

A quick call to Building Control department querying the partial certificate will solve the mystery!

I hope this assists and answers your question.

Kind Regards


Customer: replied 2 years ago.

Thanks for the fast response.

May I ask the following to complete the query:

  1. Can I/ my Solicitor request for an Independent surveyor/ assessor to give a Completion Certificate? or this has to be procured by the Builder only?

  2. What are the risks of Not having the Full Completion Certificate now?

  3. How is that possible, that there are 40 other occupants, who have also taken mortgage and was able to move in... ? is it that, they may have had the full completion, or other solicitor/lender may have missed it.

  4. Can you please site/refer to the CML / Building Regulation or any other guidelines/ framework/legal document that clearly states that Completion Certificate is required and possible to be given to individual units in a larger development site. And that this is possible even when the rest the site is in development phase. This piece of reference/information will help me in the conversation with my builder to get them a proper answer/ completion certificate.

  5. My solicitor apparently called the HCD Building Control Ltd. who issued the Partial Final Certificate, and they did not reveal much details, but shared they were able to issue only partial now and final on completion of the full project site.

  6. Attachment: 2015-08-19_183903_building_control_certificate_plot_10.pdf

Expert:  Nicola-mod replied 2 years ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.


I was in urgent and desperate need to get the answer, and I paid for the service, but seems the professional just left it incomplete. Though at start he started promptly and professionally

I would like to cancel the question. Would I be able to get a refund?