Private BC / Habitation forcing final sign off

[ellieh89]

Hi All,

 

Hoping someone can unravel an issue I think I have caused myself by using private BC.

 

We are full speed ahead to move into our self build by Christmas. The house won’t be finished, but should be liveable. For reasons I won’t go into, we will do everything in our power to be in the house for Christmas (I can almost hear the eye rolls!).

 

We have planning permission for a garage that we plan to start in the new year and will need to landscape (including a raised patio) once the weather improves. 
 

After a conversation with our Building Inspector and rereading the initial contract, I think I am backed into a corner with having to get final sign off within 8 weeks of moving into our property. My particular concern is the below para

‘ It is the Client’s responsibility to notify AI Ltd at completion of work or when the works become occupied to enable us to carry out a final inspection. Regulation 17 of the Approved Inspector Regulations state that if a Final Certificate is not issued within 8 weeks of occupation or substantial completion (domestic projects) or within 4 weeks of occupation or substantial completion (projects were the RRO applies) the Initial Notice shall cease to be in force. Should the Initial Notice cease to be in force as a result of the Client’s failure to inform us within the above timescales AI Ltd shall not be liable for any costs, losses, claims or other expenses that may arise as a consequence of the responsibility for building control passing to the Local Authority.’

 

I’m awaiting clarity on what is required for final sign off, but the above seems fairly black and white that if we move into a substantially complete home, we have to get sign off sorted within 8 weeks. Which will then mean we can’t include garage / landscaping in our VAT reclaim.

 

I think I’ve sealed my own fate by going with private BC and not paying enough attention to the small print, but would appreciate if anyone has any guidance or solutions. 
 

Thanks!

 

 

[JohnMo]

Don't tell them what you or they don't want to hear.

 

Are you living on site at the moment?

[Ferdinand]

Do you not have 2 options here?

 

1 - Make sure that you comply with the first half of the clause, which turns on the meaning of the words.

 

2 - Make sure there are no consequences that force extra costs.

 

I think we would need the meanings before we can comment.

 

Whilst you are at it, consider the point at which you will have to start paying Council Tax. That can be worth a couple of thousand.

 

[Jilly]

Aside from this issue, if you complete there are VAT implications too for the ongoing works.

[ellieh89]

We are not living on site at the moment - fortunately we have family

near by.

Understand we need to pay council tax on move in regardless of BC sign off - no problem here. Biggest concern is losing out on the VAT reclaim and not having timing to get everything sorted for sign off.

 

@Ferdinand sorry, what do you mean by meanings?

[Ferdinand]

3 minutes ago, ellieh89 said:

We are not living on site at the moment - fortunately we have family

near by.

Understand we need to pay council tax on move in regardless of BC sign off - no problem here. Biggest concern is losing out on the VAT reclaim and not having timing to get everything sorted for sign off.

 

@Ferdinand sorry, what do you mean by meanings?

 

Sometimes they try to bounce you into paying it early.

 

And you can avoid for a time if, for example, there is no potable water supply or in advance of the period of notice they are required to give. See the thread I linked.

 

I mean we don't know the meaning of eg "substantial completion", or the answers to the questions you have asked.

[jamieled]

Can you buy the materials for the outstanding works soon? That way they can be included in your VAT reclaim even if not fully built?

[ellieh89]

@jamieled think this is our backup plan. Just not overly ideal - we haven’t really got the capacity to go through everything we need at the moment and could do with a few months of saving a bit more. But will have to figure it out if this is our only option

[nod]

Just looking at our previous build 

We moved in on the 17th of December 

BC signed off on the 10 of May 

Vat claim went in on the 12th of June 

Local Authority BC 

I can’t remember timescale ever being an issue 

Though private BC are nearly always more expensive and seem to work to there own rules 

[kandgmitchell]

Regulation 17 (7) of the Building (Approved Inspectors etc) Regulations 2010 allows the local authority to extend the time limit for the serving of a final certificate. Ask your AI to contact your LA (by email or letter) and request an extension to the 8 week period to complete the garage. This would carry more weight if that garage was not exempt and subject to the regulations. It could be argued that in the meantime you needed to occupy the house for family financial reasons etc. 

 

At the end of the day it's no skin off the LA's nose and they are not meant to be unreasonable in refusing an extension although they are not obliged to do so. Give it a go. If your AI is uncertain then direct him to this government circular

 

https://www.gov.uk/government/publications/approved-inspectors-final-certificates-and-regulation-17

[RBI]

@nod Local Authorities are also legally obliged to issue a Completion Certificate within the same period under Regulation 17 of the Building Regulations 2010 seen below. 

 

 

17.— A [relevant authority] shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on [a building, the relevant provisions have been complied with in relation to the building].

[(2) The specified period referred to in paragraph (1) is eight weeks starting from the date that notice is received by the relevant authority in accordance with regulation 16(4).]

 

It would seem that your Local Authority was playing by their own rules.

 

 

The reason for this Regulation in both of it's forms is so works are not occupied for long periods without being assessed for safety and compliance with the Regulations by a Building Inspector/Building control surveyor.

 

@ellieh89 I would agree with kandgmitchell and suggest requesting that your approved inspector applies for an extension of time.

 

[nod]

1 hour ago, RBI said:

@nod Local Authorities are also legally obliged to issue a Completion Certificate within the same period under Regulation 17 of the Building Regulations 2010 seen below. 

 

 

17.— A [relevant authority] shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on [a building, the relevant provisions have been complied with in relation to the building].

[(2) The specified period referred to in paragraph (1) is eight weeks starting from the date that notice is received by the relevant authority in accordance with regulation 16(4).]

 

It would seem that your Local Authority was playing by their own rules.

 

 

The reason for this Regulation in both of it's forms is so works are not occupied for long periods without being assessed for safety and compliance with the Regulations by a Building Inspector/Building control surveyor.

 

@ellieh89 I would agree with kandgmitchell and suggest requesting that your approved inspector applies for an extension of time.

 

We didn’t ask them for a completion certificate as we weren’t ready for our vat claim

[ToughButterCup]

On 12/11/2023 at 21:02, ellieh89 said:

...

Hoping someone can unravel an issue I think I have caused myself by using private BC.

 

We are full speed ahead to move into our self build by Christmas. The house won’t be finished, but should be liveable. For reasons I won’t go into, we will do everything in our power to be in the house for Christmas (I can almost hear the eye rolls!).

....

I think I’ve sealed my own fate by going with private BC and not paying enough attention to the small print, but would appreciate if anyone has any guidance or solutions. 
...

 

No the issue isn't caused by using a private BC. We used exactly the same company (AI)  and exactly what happened to you happened ( is happening) to us.

Bottom line - it's no big deal.

 

AI are correct in relation to the 8 week rule. Its just that private inspectors have begun to get as many people off their books ( close to 'final' completion) as possible - because of things like fire risk - insulation fires for example.

 

They will come and inspect and give you a list of stuff that needs to be done for a full sign off. And kiss you a fond farewell.

 

The LABC inspectors (your Local Authority) will be told of the 'sign off' (post 8 week)  and they'll come round with AI's evidence and give your place a coat of looking over. And then give you a price.  

 

There's your chance to bargain. LABC charged us nearly as much as they would have done had they been with us from the beginning. They gave us some discount, but not much. Cue cross little ToughButterCup. But by then we were so punch-drunk by the build we just got on with it ( and still are)

 

We can now take as long as we like to complete. 

Do Not Pass Go, DO Not Collect £200, Get Out Of Jail Free(ish)