The Certificate Problem

With the previous worked example. The extent of the inspection will not uncover all issues. So, the last line of a Building Control certificate states “This certificate is evidence (but not conclusive evidence) that the requirements specified in it have been complied with”. You could then query what the point of this certificate is. This is about management of expectation.

Whenever we inspect work, if we find it is non-compliant. We document this and say why in our reports. However, the Estate Agents/vendors say “it has Building Control Approvals”. That’s great! but in reality during our survey we will spend longer in the house than the RCBA. So, it is inevitable that if there are issues. We are more likely to pick them up, which we do even on a visual only inspection. You could be forgiven for asking what is missed that has been covered up.

The issue is. There appears to be in our clients, vendors and agents minds. That Building Control are infallible. If something were wrong, they could get redress through Building control. This is not the case.

Recent Changes

The certification has now changed again. The certificate will not state that the structure, project or alteration complies with Building regulations.  The final certificate now confirms that the RCBA is satisfied that the duty holders have carried out their responsibilities. The contractor must comply all the relevant documentation to be submitted to the RCBA. This is a huge shift and the onus will lie with the contractor or architect to prove it complies. If something goes wrong you will need to ensure you know who these duty holders are. If you are buying a house and it has a building control certificate. For an extension say. If both Contractor and architect are no longer trading there is no redress. Unless there is a separate latent defects insurance policy in place. Does the architect have run off cover. Did the original contractor have the relevant insurance. Trying to get these through the basic conveyancing route will be hard. There is also the challenge that a homeowner could have carried out the work themselves and not be insured, at all.