Missing Building Regulations, How to Sell a Property Without the Completion Certificate

Why Building Regulations Certificates Go Missing

Building regulations approval has been required for most structural and significant internal works in England and Wales since the Building Act 1984, and for many types of work for considerably longer. But over decades of ownership, completion certificates are routinely lost.

Common reasons include:

• The original owner completed works and the certificate was never passed on at sale
• The works predate the routine practice of issuing completion certificates
• The certificate was issued but not stored with the title documents
• The works were carried out by a builder who dealt directly with building control, and the certificate was sent to the builder rather than the homeowner
• In older properties, the relevant building control office has changed hands, merged, or its records are no longer accessible

The result is the same regardless of cause: when you come to sell, your solicitor cannot provide the buyer's solicitor with evidence that the works were inspected and signed off.

Which Works Require Building Regulations Approval?

Not every alteration to a property requires building regulations approval. Works that typically do include:

• Extensions (any size that creates new habitable space)
• Loft conversions
• Garage conversions to habitable rooms
• Structural alterations (removing load-bearing walls)
• New electrical installations or significant rewiring
• New boiler installation or replacement of a heating system
• Installation of replacement windows and doors (unless self-certified by a FENSA- or CERTASS-registered installer)
• Creation of a new bathroom or en-suite involving drainage work
• Underpinning

Works that generally do not require building regulations (though planning permission may still apply) include: most internal redecoration, replacing like-for-like fixtures, garden landscaping, and erecting small outbuildings within permitted development limits.

The Problem for Sellers

When a buyer's solicitor identifies missing building regulations, they will raise a formal enquiry asking for evidence of compliance. Your solicitor will need to provide a response. If no certificate can be obtained, you have two main options: **regularisation** or **indemnity insurance**.

Option 1: Regularisation

Regularisation is the process of applying to your local building control authority for retrospective approval of works that were carried out without consent, or where consent was obtained but no completion certificate was issued.

A building inspector will visit the property and assess whether the works comply with the building regulations in force at the time they were carried out (not the current regulations). In some cases, opening up works is required, for example, lifting floorboards to inspect joists, or opening a section of wall to check insulation.

**When regularisation is appropriate:**

• The works are relatively recent (within the last 10–15 years)
• The works are visible and accessible for inspection
• You have good reason to believe the works were carried out competently
• The buyer's mortgage lender has indicated they will not accept indemnity insurance for this type of defect

**Costs and timescales:**

Regularisation fees vary by local authority and the type and scale of works, but typically range from £200 to £1,000 for residential applications. The process takes anywhere from 6 to 16 weeks, depending on the authority's workload and whether the inspector is satisfied with the works.

If the inspector finds the works do not comply, you will be required to carry out remedial work, which can be expensive. This is the key risk of regularisation: it is not guaranteed to result in a certificate.

Option 2: Indemnity Insurance

Indemnity insurance is a single-premium insurance policy that protects the buyer (and their mortgage lender) against the financial consequences of enforcement action by the local authority. It does not validate the quality of the works, it simply insures against the risk that the authority takes action.

**When indemnity insurance is appropriate:**

• The works are more than 12 months old (enforcement action becomes less likely with time)
• There is no evidence of any notice or complaint from the local authority
• The works appear to have been carried out competently
• The mortgage lender is willing to accept indemnity insurance

**A critical rule:** Once you decide to pursue indemnity insurance, you must not contact the local authority about the works. Any contact, even an informal enquiry, can void the policy, because it brings the matter to the authority's attention and increases the risk that enforcement action will follow.

**Cost:**

Indemnity insurance for missing building regulations is generally modest in cost, typically ranging from £150 to £500 for standard residential cases. The premium is a one-off payment and the policy lasts indefinitely, running with the land and passing to future owners.

Lender Reactions

Mortgage lenders take different positions on missing building regulations depending on the nature and age of the works:

Always check with your solicitor before taking any action, the appropriate route depends on the specific works, their age, and the buyer's lender's requirements.

What Your Solicitor Will Advise

Your solicitor's role is to identify the defect, advise you on the risk to the buyer, and recommend a resolution. In most cases involving older domestic works, they will recommend indemnity insurance as the quickest and most cost-effective solution. They will arrange the policy on your behalf and the cost is typically deducted from the sale proceeds at completion.

Maintaining comprehensive documentation of all works carried out on your property, including building regulations applications, inspection records, and completion certificates, in your Property Passport UK record ensures these issues are identified and addressed before you even instruct a solicitor, saving time and avoiding last-minute delays in your sale.