How can we remedy the lack of a completion certificate?
Q. Our self-build has disabled access throughout the ground floor.
However, the local authority refused to sign off the build because we
did not have a wheelchair access ramp at the front door. We choose not
to do this, as it would have protruded into the drive. We're now
thinking of putting the house on the market - could this cause a
problem?
A. It sounds like your local authority has quite correctly refused to
issue a completion certificate because the works do not comply with the
Building Regulations stipulating adequate access. Local authorities
have various enforcement powers under the Building Act and would have
been within their rights to prosecute, leaving you with a criminal
record. But for offences that do not carry an imminent threat to life
safety, such as yours, they prefer not to take such a heavy-handed
approach.
In addition to refusing to issue the certificate, they will also have
made an entry on the local search record, which means that purchasers
will be aware of the defect. That may not put off some buyers.
However, in these times of relatively stringent lending criteria, if
there's no completion certificate, lenders may refuse a mortgage
application. What's more, purchasers' solicitors may advise
against any deal, or at least encourage their clients to pursue a
price reduction.
Your best remedy would be to install the ramp now and ask the local
authority to issue the completion certificate. When they do, ensure
they remove any trace of the problem from the local search records.
Answered by Simon Middleton
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