Selling Without Building Regulations Approval
If you own a property that does not have a completion certificate for building work that required Building Regulations approval, you may find that this affects your ability to sell. This may have been an oversight when you had works completed, or you may have bought the property without a survey and therefore not realised that previous work lacked necessary documentation.
You can sell a house without Building Regulations approval, but missing certificates may cause delays or raise concerns during conveyancing. Fortunately, there are several options to consider, depending on the work carried out and whether it complies with the relevant requirements.
Got more questions? Find out more about getting a regularisation certificate for unauthorised building work, or read our guide on preparing to sell your house.
- You can sell a house without Building Regulations approval: However, missing certificates or unresolved compliance concerns may complicate the sale.
- Check whether approval was required: Find out whether the work needed approval and whether the paperwork exists. A missing certificate does not necessarily mean the work is non-compliant.
- Consider your options: These may include finding existing records, applying for regularisation, considering indemnity insurance or carrying out remedial work. The right option depends on the circumstances.
- Understand the limits of indemnity insurance: It does not establish that building work is safe or compliant. Its protection depends on the policy terms and exclusions.
- Speak to your conveyancer early: Addressing missing documentation or compliance concerns early can help you understand your options and avoid unnecessary delays.
Can you sell a house without Building Regulations approval?
You can sell a house without Building Regulations approval, but the missing documentation may affect the transaction. The buyer's conveyancer may request further information, and the buyer or their mortgage lender may want the issue resolved before proceeding.
The first step is to establish whether the work required approval and whether the relevant certificate or other evidence can be obtained. If the work was approved but the certificate has been lost, you may be able to obtain a copy from the relevant authority or installer.
The first step is to establish whether Building Regulations approval was required, whether it was obtained and whether the relevant documentation is available. If the work was approved but the certificate has been lost, you may be able to obtain a copy from the relevant authority or installer.
If the work was carried out without the required approval, you may be able to apply to the local authority for a regularisation certificate. This involves a retrospective assessment against the Building Regulations requirements that applied at the time the work was carried out. The local authority may require inspections, tests or remedial work before deciding whether to issue a certificate.
Whether work requires Building Regulations approval depends on its type and scope, the applicable requirements and whether an approved self-certification route is available. The examples below are a guide rather than a definitive list, so check the requirements for the specific work before assuming whether approval is needed.
What building works require building regulations approval? | What building works don't require building regs approval? |
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What happens if you don't have Building Regulations approval?
If there is a chance that the building work was non-compliant, then a regularisation certificate may not be straightforward to obtain. The local authority may require inspections, further information or remedial work before it can issue a certificate.
Apply for a regularisation certificate
If the work was carried out without the required Building Regulations approval, you may be able to apply to the local authority for a regularisation certificate. This involves a retrospective assessment of the work against the Building Regulations requirements that applied when it was carried out. The local authority may require inspections, tests or remedial work before deciding whether it can issue a certificate.
Consider indemnity insurance
One alternative may be Building Regulations indemnity insurance. Whether a policy is available and suitable depends on the circumstances, the policy terms and the requirements of the buyer and their mortgage lender.
Indemnity insurance may be an option where the main concern is the risk associated with missing Building Regulations approval. However, it does not confirm that the work is safe or compliant, and it may not cover the cost of repairing defects or carrying out remedial work. Some buyers may therefore want further evidence of the property's condition before proceeding. Whether insurance is available and suitable depends on the circumstances and the policy terms.
Assess the work and consider remedial work
If there are concerns about the quality or safety of the work, a suitably qualified professional, such as a structural engineer where appropriate, may be able to assess it and advise on whether further investigation or remedial work is needed. An engineer's report does not replace Building Regulations approval or a regularisation certificate, and it does not guarantee that the local authority will issue one.
Depending on the circumstances, remedial work may be needed to bring the work into line with the applicable requirements. This may involve additional costs and time, particularly if parts of the completed work need to be exposed for inspection. Speak to your conveyancer before arranging investigations or remedial work, as these steps may affect the availability of indemnity insurance.
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.
Proceed with the sale
If none of these options is suitable, you may still be able to sell the property to a buyer who is willing to accept the position. A cash buyer will not need a mortgage, but they may still s concerned about missing documentation, potential remediation costs and future saleability. They may therefore negotiate a lower price.
Selling to a cash buyer does not remove the need to disclose relevant information or resolve the buyer's conveyancing enquiries.
Expert Tip: Check before you act
If Building Regulations paperwork is missing, first establish whether approval was required and whether the original records can be found. Before contacting the local authority, applying for regularisation or arranging investigations, speak to your conveyancer about the available options and whether your actions could affect indemnity insurance.
CEO of SAM Conveyancing
How missing Building Regulations documentation affected a house sale
A case investigated by the Local Government and Social Care Ombudsman illustrates how missing Building Regulations documentation can affect a residential sale.
Mrs R bought her home in South Tyneside through the Right to Buy scheme in 2014. When she later decided to sell, a prospective buyer's local authority search revealed that underpinning work carried out in 1994 had not been inspected and approved by building control. The buyer withdrew from the purchase.
The council explained that its historical procedures had not required a formal inspection and completion certificate for the work. It subsequently arranged for the relevant work to be exposed and inspected, after which a completion certificate was issued.
The Ombudsman found no fault by the council in relation to the original sale, although it identified failings in how the council handled Mrs R's complaint.
What does this mean if you're selling?
Missing Building Regulations documentation does not automatically prevent a sale. However, this case illustrates how it can raise concerns during conveyancing and lead a buyer to withdraw. Establishing what approval was required, locating available records and discussing the options with your conveyancer early may help you address potential problems before they jeopardise your transaction.
How long does it take to resolve missing Building Regulations approval?
Resolving missing Building Regulations approval can take a few days to several months, depending on the solution. For a standard application, it could take around two months, although it can take longer if inspections, further investigations, or remedial work are needed:
- Finding an existing certificate: 2 to 7 days.
- Applying for regularisation: Around 2 months, potentially longer if remedial work is needed.
- Structural assessment: 1 to 3 weeks.
- Remedial work: A few days to several months.
- Indemnity insurance: Often within 1 to 3 days, if suitable cover is available.
If you're selling, speak to your conveyancer early to help avoid unnecessary delays.
Before proceeding with your sale:
- Identify which building work is missing approval or certification.
- Check whether Building Regulations approval was required for the work.
- Ask the relevant authority or installer whether existing records are available.
- Discuss the missing documentation with your conveyancer.
- Consider whether regularisation, indemnity insurance or remedial work may be appropriate.
- Arrange a structural assessment if there are concerns about structural safety.
- Check whether the buyer or mortgage lender has specific requirements.
- Allow time for any necessary investigations, enquiries or remedial work.
Get help with your sale
Missing Building Regulations documentation does not automatically prevent you from selling your property, but it is important to understand the implications before your sale progresses.
A conveyancer can help review the available documentation, respond to enquiries and explain the options available for your transaction.
- Understand your options for missing certificates.
- Explore regularisation and indemnity insurance.
- Complete your purchase remotely nationwide.
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Andrew Boast FMAAT is a qualified accountant, conveyancing specialist and author with over 25 years of experience in the UK property sector. Since beginning his career in 2000 within established SRA and CLC-regulated conveyancing solicitor firms, Andrew has overseen the legal journeys of more than 75,000 clients.
He is the self-published author of the first-time buyer guide: How to Buy a House Without Killing Anyone, and a frequent contributor to mainstream UK media on legislative updates, property law, first-time buyer guides, conveyancing best practices, and stamp duty changes. Andrew specialises in resolving complex title issues, property conflict disputes, and property tax options, streamlining the enquiry process to reduce transaction times and maintaining a client-friendly focus.
Amanda Ambler is a highly accomplished conveyancing specialist with over 15 years of dedicated experience across residential property law, legal compliance, and practice management. Having held senior roles, including Head of Legal Practice and Head of Conveyancing at established UK law firms, Amanda possesses a profound, hands-on understanding of the technical intricacies of the property market.
As the designated Legal Content Reviewer for SAM Conveyancing, Amanda ensures that every guide, legal update, and resource published meets the absolute highest standards of accuracy, regulatory compliance, and factual integrity. Her rigorous review process guarantees that complex property legislation and industry processes are communicated clearly, transparently, and safely for home buyers and sellers alike.
