Buying a House Without Building Regulations Approval

Buying a house without building regulations approval is risky, both physically and financially. If you find that the property you are trying to purchase does not have the required building regs certificates, we'll explore some solutions below.

Need more help? If you would like more information on building regulations, you can read our guide on building regulations in England and Wales and buying a house with missing planning permission.

What building work usually requires building regulations approval?

If you discover that a property you're buying is missing Building Regulations certificates, it's important to establish whether approval was actually required, and what the missing paperwork means for your purchase. Some types of work require building control approval, while others are exempt or can be certified through a competent person scheme. Work that is exempt from building regs may still require planning permission.

The table below outlines common examples of work that may or may not need approval. The exact requirements depend on the work carried out and the circumstances, so use it as a starting point.

What are the risks of buying a house without building regulations approval?

If you buy a house without building regulation approval, you could become responsible for dealing with the problem. This could mean that you would have to pay to fix, amend, or even undo the work, returning the house to its original state. This is particularly problematic where a buyer pays more for a property due to an extension or loft conversion, only to discover that the work is defective or cannot be adequately evidenced.

If the local authority takes enforcement action, you could be required to correct the work to the correct standard, or even restore the property to its original state. This can become very expensive and may be difficult to afford after purchasing the property.

Missing paperwork does not automatically mean that enforcement action will follow. The position depends on the work, the relevant requirements and the circumstances.

You may find that the property is more difficult to sell or that a future buyer offers less because of concerns about the work. If the property's value is affected, this may also affect the amount a mortgage lender is willing to lend against it.

Mortgage lenders may have concerns about lending you money for buying a house without building regulations approval or supporting certificates. Depending on the circumstances, a lender may ask for further evidence, a survey, indemnity insurance or another solution before agreeing to lend.

Even if a lender is willing to proceed, its requirements may affect your purchase. If you are a cash buyer, you should still consider the issue because it may become a problem when you sell or need to release equity from the property later.

Building regulations were introduced to ensure that building work meets the relevant standards for safety and performance. If the work was carried out without the required approval, you may have less evidence that it meets those standards.

Problems could include insufficient insulation, heat loss, damp or mould, which may affect the condition of the property and your heating costs.

You might also face much more serious problems, for example:

• Irregular tread or drop size on stairs can pose a serious trip hazard.
• Improperly installed plumbing or electrics may cause fire or flooding.
• Insufficient ventilation around kitchen appliances may cause them to overheat and break or start a fire.
• Too-shallow foundations for the weight of the building and composition of the ground could result in subsidence and collapse.
• Knocking through walls without sufficient reinforcement could result in the collapse of the building.
• There may be insufficient escape access in the event of a fire.

Missing approval does not prove that these defects are present. However, where you have concerns about the work, a suitable property survey or structural engineer's assessment can help identify visible problems and determine whether further investigation is needed.

Qualifying Assessment from our Structural Engineer

Our structural engineer will attend the property to inspect the unauthorised works for compliance with Building Regulations - Part A: Structure.

This is an intrusive survey. The report will:

• Confirm that the works appear compliant and simply need to be signed off by building control.
• Outline any works required to make the work structurally compliant before bringing a building control inspector in to grant the letter of regularisation.
• Confirm that the work would need to be completely undone or redone to meet building regulations.

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Options for buying a house without building regulations approval

You don't have to pull out of the purchase altogether. The right solution depends on the work carried out, the available evidence, the risks involved and your mortgage lender's requirements.

1. Retrospective Building Regulations approval (regularisation)

You could ask the seller to obtain retrospective approval. The local authority will assess the unauthorised work and may issue a regularisation certificate if the relevant requirements are met.

In England, the regularisation process generally applies to qualifying unauthorised work carried out after 11 November 1985. The local authority may require parts of the work to be exposed for inspection, and remedial work may be necessary before a certificate can be issued. Wales has its own building control arrangements, so check the applicable process with the relevant local authority if the property is located there.

There are several things to consider:

• The availability of regularisation depends on the work and the applicable requirements. Do not assume that a certificate can be obtained for every alteration.
• If the inspector cannot adequately inspect concealed work, further investigation or remedial work may be required. A structural engineer's assessment may help establish whether the building appears structurally sound, although it does not replace Building Regulations approval.
• The seller may be reluctant to apply because an inspection could identify work that needs to be corrected or undone.
• Contacting the local authority may affect the availability of indemnity insurance for the same issue. Speak to your conveyancer before approaching the authority.

2. Building Regulations Indemnity Insurance

You can ask whether the seller would be willing to purchase building regulations indemnity insurance for the uncertified works. Depending on the policy, this may cover specified costs or losses arising from enforcement action by the local authority after you purchase the property. The availability, cost and suitability of a policy depend on the circumstances and the insurer's terms. Your conveyancer and mortgage lender may need to confirm that the proposed policy is acceptable.

There are several important limitations:

• The building may still be unsafe or defective. Indemnity insurance does not establish that the work is structurally sound.
• The policy may cover specified losses arising from enforcement action, but it will not ordinarily pay to correct defective work simply because the work is unsafe or non-compliant.
• Non-compliant work may pose safety risks, so you should consider whether a survey or structural assessment is appropriate.
• Some policies impose requirements relating to the age of the work and the circumstances in which cover is available.
• The policy may be affected if the relevant authority has been notified or takes certain actions. Check the policy conditions and obtain advice before contacting the local authority.

Indemnity insurance can help address certain legal or financial risks, but it is not a substitute for investigating potential structural defects. Read the policy carefully and make sure you understand what is and is not covered.

3. Arrange a building survey

A house survey is always recommended when purchasing a property. At SAM Conveyancing, we can guide you through which type of survey is suitable for your new home. In combination with a structural engineer's assessment, this will confirm if the building is safe. You should also consider having a separate gas and electric test.

A survey is an additional expense and is not generally a legal requirement. However:

• A suitable survey is strongly recommended before completing a property purchase.
• It can identify concerns or defects and help you understand whether further investigation is needed.
• A structural engineer may be able to assess specific structural alterations where the surveyor identifies concerns.
• The findings may provide a basis for discussions with the seller about remedial work, the price or how to proceed.

A standard survey may not establish the condition of concealed structural elements. If important parts of the work cannot be inspected, further investigation may be necessary.

What happens during conveyancing if a Building Regulations certificate is missing?

If your conveyancer discovers that a property has alterations without the expected Building Regulations paperwork, they will need to establish what work was carried out and what evidence is available. The next steps depend on the type and age of the work, the circumstances and your mortgage lender's requirements.

Your conveyancer may:

• Ask the seller for documents: These could include a Building Regulations completion certificate, a regularisation certificate or a certificate issued through a relevant competent person scheme. The appropriate evidence depends on the type of work and how it was certified. If the seller cannot find a certificate, your conveyancer can help establish what other records may be available.
• Raise enquiries with the seller: Your conveyancer may ask when the work was completed, who carried it out and whether building control approval was obtained.
• Check your mortgage lender's requirements: The lender may need additional evidence or an acceptable solution before it will proceed.
• Explain the available options: These may include seeking retrospective approval, considering indemnity insurance or asking for further investigations.
• Advise you on the implications for the purchase: Depending on the findings, you may need to negotiate with the seller, reconsider the price or decide whether to proceed.

Your conveyancer can advise on the legal and transactional implications, but they cannot confirm that building work is structurally safe simply because paperwork is available or an indemnity policy is in place. A surveyor or structural engineer may be needed to assess the property's physical condition.

If indemnity insurance is being considered, speak to your conveyancer before contacting the local authority or taking steps that could affect the availability of cover.

Get help if your property purchase has no building regulations

If you are buying a house without Building Regulations approval, getting the right advice early can help you understand the risks and make an informed decision. SAM Conveyancing can help you navigate the conveyancing implications and arrange a suitable RICS survey. Where structural concerns arise, we can also help you determine whether a specialist structural assessment is appropriate.