Getting Your Planning and Building Regulation Paperwork in Order
If you’re selling a property, you will be asked to complete a 16 page questionnaire called a Property Infomation Form (also called Form TA6). Section 4 asks if any building works or window replacement works have been carried out at the property and asks to provide copies of any necessary planning permissions and building regulation approvals. Section 12 asks if any boiler installation works or electrical works have been carried out to the property and asks for the building regulation certificates for these works.
In order to avoid delays in a transaction, it is a good idea to keep any planning and building regulation documents in a safe place so that you can provide these to your conveyancer at the beginning of a transaction. If you don’t provide these, the buyer’s solicitors are going to ask for these once they have reviewed the contract papers.
If you do not hold these documents, you could ask the contractor who carried out the works to provide these. Some contractors are more helpful than others in responding once the works have been completed and they have been paid, and some contractors go out of business. If you cannot obtain these from the contractor, then there are other ways to obtain the documents.
In respect of planning permissions, you can contact your local authority’s planning department to obtain copies. Most Council’s websites have a planning database where you can search for planning applications and download copies of planning permissions. Copies of building regulation approvals issued by the Council are not as readily available online so you may have to contact the Council’s Building Control Department directly for these.
If planning permission and/or building regulation approval was not obtained for building works, then the buyer’s solicitors are likely to ask for an indemnity policy to cover the buyer for costs and loss in value of the property in the event that the local authority later seek enforcement action in respect of planning and/or building regulation consents not being obtained. Indemnity policies are issued on the basis that contact has not been made with the local authority regarding the works, so if you think that consents were not obtained for works carried out at the property, you would need to avoid contacting the Council regarding the works if you wanted to leave open the option of being able to offer an indemnity policy. Another option is to obtain retrospective consent, but this could be time-consuming, it could delay the sale and if the Council do not grant consent, you would not be able to offer an indemnity policy.
Building regulation approval for installations such as gas boilers, electrical works and glazing are usually dealt with by other registration bodies.
For window and glazed door replacement works, building regulation certificates are usually issued by FENSA. You can check their website – https://www.fensa.org.uk/fensa-certificate – to check if they have a FENSA Certificate registered against the property address and you can order a copy from their website.
For building regulation certificates for electrical works, you can visit the website www. checkmynotification.com to search for and order a certificate.
Gas Safe usually issues building regulation certificates for gas boiler installations. You can visit their website at https://www.gassaferegister.co.uk/help-and-advice/gas-safety-certificates-records/building-regulations-certificate/ to search for and order a certificate.
If you are planning to sell your property, it is a good idea to take some time to check that you have your paperwork in order and to order any planning and/or building regulation documents that you do not hold as this with save time later on.
If you are planning to sell or buy a property, please contact Brian Craig at bc@meaby.co.uk or 020 7703 5034 for timely advice.
