Building regulations completion certificate

[edit] What are the building regulations?

The building regulations apply to most new buildings and many alterations to existing buildings. They set out:

• What qualifies as 'building work' and so fall under the control of the regulations.
• What types of buildings are exempt (such as temporary buildings).
• The notification procedures that must be followed when starting, carrying out, and completing building work.
• Requirements for specific aspects of building design and construction.

[edit] How are building regulations approvals sought?

Generally on larger, new-build projects, a 'full plans' application will be made, meaning that full details of the proposed building works are submitted for approval before the works are carried out. On small projects, or when changes are made to an existing building, approval may be sought by giving a 'building notice'. In this case, a building inspector will approve the works as they are carried out by a process of inspection.

Building Regulations approvals can be sought either from the building control department of the local authority or from an approved inspector. These are referred to as the building control body.

A series of notifications must be given to the building control body at key stages of the works so that appropriate inspections can be carried out.

[edit] What is a building regulations completion certificate?

Notice must be given to the building control body when the works are completed.

A completion certificate is then issued by the building control body (or a 'final certificate' if the building control body is an approved inspector - although this can be confusing as the term final certificate is also used in construction contracts to refer to completion of the works), providing formal evidence that the building works have been approved and that, in so far as it is reasonable to determine, the works have been carried out in accordance with the building regulations.

Completion certificates were introduced for building regulations applications in the late-1980s and 1990s. However, solicitors generally did not consider building regulations approvals in property searches during conveyancing, particularly if alterations were more than 12 months old. In the case of Cottingham v Attey Bower & Jones [2000], this practice was judged to be negligent. Subsequently, it has become very important for owners to obtain a completion certificate for works they have undertaken, or there may be difficulties in selling a property.

Completion certificates became a requirement where buildings were within the scope of the Regulatory Reform (Fire Safety) Order 2005 (that is, for non-domestic buildings and blocks of flats). For other properties, completion certificates were only issued if they were requested.

However, in December 2012, The Building Regulations &c. (Amendment) Regulations 2012 were introduced. This amendment removed the need to request a completion certificate from a local authority and instead required that where a local authority is satisfied that works meet the building regulations, it must give a completion certificate. It also requires that completion certificates are issued within 8 weeks. (Ref. Communities and Local Government Circular 02/2012 19 December 2012)

No such requirement was introduced for building notice applications, although completion certificates may still be requested from the local authority.

If a certificate has been lost, a copy can be obtained from the local authority, although a fee may be payable.

Where minor works are carried out to a property, a certificate may be issued by a trades person under the competent persons schemes. This allows registered installers who are competent in their field to self-certify certain types of building work. For example, air-tightness testing, plumbing and heating installers, electrical installers, cavity wall insulation installers, and so on. These are referred to as building regulations certificates of compliance.

See also: Plans certificate.

NB Manual to the Building Regulations: A code of practice for use in England, published by HM Government in July 2020, states: 'Completion certificates are issued by the local authority to confirm that it has taken reasonable steps to ensure that there is evidence, but not necessarily conclusive evidence, that the work complies with the relevant requirements of the Building Regulations.'

Note, while building control bodies will now issue certificates confirming that works undertaken comply with the building regulations, it is not always clear whether the building control body keeps a record of precisely what those works were, particularly if the approval process was by a building notice rather than full plans application. It may be difficult therefore for a building control body to be certain whether works that have been undertaken were part of the approved works, or whether they have been carried out subsequently.

For higher-risk buildings (broadly, residential buildings of 18 m or seven storeys or more, containing at least two residential units) the position is different. Under the Building Safety Act 2022, completion of these buildings must instead pass through 'Gateway 3' with the Building Safety Regulator, which issues its own completion certificate confirming the building as constructed matches the approved design before it can be occupied. See Gateway 3 - Completion Certificates for more information.

[edit] Related articles on Designing Buildings

• Approved documents.
• Approved inspector.
• Building control body.
• Building notice.
• Building Regulations Compliance Statement.
• Building regulations inspection.
• Certificates in the construction industry.
• Competent persons schemes.
• Gateway 3 - Completion Certificates.
• Local authority.
• Northern Ireland building regulations.
• Plans certificate.
• Scottish building standards.
• The Building Act.
• Welsh building regulations.
• What approvals are needed before construction begins.

Comments

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Can a Building Regs Completion Certificate be issued in respect of a Section of works which will receive a sectional completion certificate under a building contract or would such a certificate be a 'partial certificate' and therefore not have the same effect as a Building Regs Completion Certificate?

Check with the building control body - but it seems likely that it would only approve the entirety of the works to which the application relates unless a staged approval was agreed in advance and was therefore part of the fee calculation.