Identify exactly what is missing
Ask the seller for a dated history of the extension or loft, together with plans, decisions, inspection records and certificates. Look at the description and extent of each document: paperwork for a different alteration does not answer the question about this one. The government’s selling guide identifies planning decisions, building-control certificates and relevant installation and warranty records as useful transaction documents. [3]
For planning, absence of a planning application is not conclusive evidence of a breach. Some development is permitted by national rights, subject to the applicable conditions and restrictions. Establish the actual route and whether the work stayed within it. [4]
For building control, distinguish an approval of plans from evidence of completion. If a private registered building control approver was involved, look for the final certificate and the initial-notice history. Where the approver stopped acting, transfer or reversion may be relevant rather than treating the job as a completely new regularisation case. [5]
Investigate safety independently
Commission the survey that suits the property and tell the surveyor about the missing approvals before inspection. RICS recommends a more detailed Level 3 service for altered buildings or major planned work. Clarify whether specialist structural, drainage or other investigation is needed beyond that survey. [6]
A converted loft raises questions about the floor structure, roof stability, stairs and escape from fire. A neatly decorated room is not evidence that those matters were designed and checked. Planning Portal specifically identifies them as building-regulations issues for loft conversions. [7]
Match the remedy to the problem
A useful decision sequence is:
- Recover a missing certificate where it was already issued, or establish what is outstanding on the existing building-control file. [1][8]
- Have the planning position assessed. A certificate of lawfulness may establish a lawful existing situation; it is not a technical safety certificate. [9]
- For eligible unauthorised building work, consider council regularisation, which can involve inspection and remedial alterations. [10]
- Have the conveyancer assess any insurance proposal against the identified legal defect, rather than treating it as a substitute for the survey. [11]
A building-regulations indemnity policy may cover defined enforcement-related loss, but it is not a general repair warranty. The published GCS product information, for example, excludes repair costs in the absence of formal enforcement and contains disclosure and other conditions. This illustrates why the actual policy must be read. [11]
Agree the purchase position before exchange
Ask the conveyancer what evidence the buyer and lender need before committing. UK Finance’s handbook separates general requirements from lender-specific instructions, so another buyer’s mortgage experience is not a reliable answer for this transaction. [12]
Put responsibility for investigations, applications and any repairs into the transaction discussions. Do not assume that changing owner cures missing permissions or produces a completion certificate. Base the decision on the identified legal position, assessed condition and an agreed plan for unresolved work. [13][14]