The Importance of Building Regulations
Posted on 26th September 2018
At MG Legal, we understand that there are many different things to consider when progressing through the conveyancing process. Your solicitors in Preston, Lancashire, are on hand to discuss the importance of Building Regulations.
What are Building Regulations?
Building Regulations are a set form of standards, developed by the government, which relate to various works undertaken to properties. In essence, the Regulations stipulate that the works must be safe and meet a specific set of criteria, in order to be Building Regulations approved.
Individuals carrying the works out to the property, should be registered within a Competent Person Scheme. If the contractor is registered, this means they are an approved trades person whose work is recognised as meeting the standards set out in accordance with Building Regulations.
Not only are Building Regulations evidence that the works have been approved, but they can also provide guarantees for the works, in the event that there are any issues. This will be particularly important when selling a property as these guarantees may extend to the buyer’s period of ownership and would, therefore be of use.
Why are they important?
‘Buyer Beware’ is the general rule within conveyancing, therefore, your Preston solicitors will raise the necessary enquiries to ensure you are protected when purchasing your new home, paying particular attention to Building Regulations. Essentially, your solicitors in Preston are ensuring the safety and integrity of the property being purchased.
How do we know whether the works are compliant with Building Regulations?
The results of the Local Authority search are of particular interest at this point, to your conveyancing solicitor Preston. The Local Authority report has a designated section called the ‘Building Control Applications Register’ which details various entries for works that have been carried out at the property.
These can include, however, are not limited to:
Installation or repairing of a central heating system,
The replacement/installation of new windows and doors.
The fact that the works have been entered within the Register, as revealed on the search, is evidence that they have been carried out by fully qualified contractors with Building Regulations Approval. Nevertheless, your conveyancing solicitor Preston would always request the relevant compliance certificates for your records.
Your Garstang solicitor would also look to the Property Information Form, completed by the sellers. The sellers here have a duty to disclose various information about the property, inclusive of any works that may have been carried out. Again, upon studying this form in great detail, your Preston solicitor would raise enquiries to determine whether the works are Building Regulations compliant, and request any relevant certifications and guarantees.
Some works, however, do not require approval, for example, the replacement of light fittings. Your conveyancing solicitor Preston, however, will recognise which works should be approved and when evidence of compliance is required.
What if Building Regulations approval has never been obtained?
If Building Regulations Approval cannot be provided, in the first instance, the seller should revert back to the person who carried out the work and request that they provide the relevant approval documentation to forward on.
If, however, the seller is unable to provide such evidence, your Garstang solicitor would request that an indemnity insurance policy is put in place to cover against any potential issues/claims etc. in relation to the works, usually at the expense of the seller.
It is important to always ensure that Building Regulations Approval is obtained, when required, for works carried out at a property. In particular, if there are ever any issues with the works, there would be no guarantee or warranty which could cover the costs of repairing the same. Furthermore, the local authority may also demand payment for the faulty works carried out to be rectified.
For more information on Building Regulations, or the conveyancing process as a whole, contact our specialist team of Garstang solicitors for assistance today on 01995 602 129, or email us at firstname.lastname@example.org.
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Tagged as: Buyers, Conveyancing, Conveyancing Solicitors Preston, First Time Buyers, Garstang Solicitors, Lancashire Solicitors, Lancaster, Lancaster Law, Preston Law, Preston Property Law, Solicitors in Lancashire, Solicitors in Lancaster, Solicitors Lancaster
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