No Building Regulations Certificate: What to Do When Selling

When you sell a property in England or Wales, the buyer's solicitor will review the legal title, raise conveyancing enquiries, and check that any building work carried out on the property has the appropriate approvals. One of the most common issues that surfaces during this process is a missing building regulations completion certificate.

This is not unusual. Many homeowners carry out extensions, loft conversions, garage conversions, or other structural work over the years without realising that a final certificate from building control is needed, or they lose the paperwork over time. The problem typically only comes to light when you try to sell.

The good news is that a missing certificate does not prevent you from selling. There are well-established routes to resolve the issue, and most sales proceed once the right approach is taken. This guide explains what a building regulations completion certificate is, why it matters, and exactly what you can do if you do not have one.

What is a building regulations completion certificate?

A building regulations completion certificate is an official document confirming that building work has been inspected and meets the standards set out in the Building Regulations 2010 (as amended). It is issued by either your local authority building control department or a private approved inspector after a final inspection of the completed work.

The certificate covers matters including structural integrity, fire safety, thermal performance, ventilation, drainage, and electrical safety. It is separate from planning permission — planning permission authorises what you build, while building regulations govern how you build it. You may have planning permission for an extension but still lack a building regulations completion certificate if the final inspection was never carried out.

Under the Building Act 1984, local authorities have a duty to enforce compliance with building regulations. The completion certificate is the formal evidence that this compliance has been confirmed. Without it, there is no official record that the work meets the required safety and construction standards.

Why a missing certificate matters when selling

A missing building regulations completion certificate matters for three reasons when you are selling your property:

1. The buyer's solicitor will raise it. When reviewing your property information forms and the local authority search results, the buyer's solicitor will check whether building control records exist for any alterations. If a completion certificate is absent, they will raise an enquiry asking your solicitor to explain and resolve the position.
2. The buyer's mortgage lender may refuse to lend. Most mortgage lenders require assurance that building work is compliant. The UK Finance Mortgage Lenders' Handbook instructs solicitors to check for building regulations approval and report any deficiency. Without a satisfactory resolution, the lender may decline to release funds.
3. It creates a risk of the sale falling through. Unresolved enquiries cause delays, and delays are one of the primary reasons house sales fall through. If the issue is not addressed promptly, the buyer may lose patience or their mortgage offer may expire.

Which building work requires a completion certificate?

Not all building work requires building regulations approval. Understanding whether your work actually needed a completion certificate is the first step. The following table summarises common types of work and whether a completion certificate is typically required.

If the work was carried out by a registered competent person scheme installer (such as Gas Safe, FENSA, NAPIT, or NICEIC), the installer self-certifies compliance with building regulations and notifies the local authority directly. In these cases, you should have received a certificate from the installer or the local authority. If not, you can check with the relevant scheme or your local authority to confirm that notification was made.

Your options if the completion certificate is missing

If you are selling and you do not have a building regulations completion certificate for past work, you have several options. The right choice depends on when the work was done, what type of work it was, and how quickly you need to resolve it.

Option 1: Apply for a regularisation certificate

Under Section 36 of the Building Act 1984, you can apply to your local authority for a regularisation certificate. This is a retrospective process where building control inspects the completed work and, if it meets current standards, issues a certificate confirming compliance.

The regularisation process involves submitting an application to your local authority building control department, paying a fee (which is typically higher than a standard building control application), and arranging for a surveyor to inspect the work. The surveyor may need to see areas that are normally hidden, such as the underside of floors or the inside of walls, which can mean opening up completed finishes. If the work meets standards, a regularisation certificate is issued. If it does not, the surveyor will specify remedial work that must be carried out before a certificate can be granted.

Regularisation is available only through your local authority building control department. Approved inspectors (private sector building control bodies) cannot issue regularisation certificates. According to the Local Authority Building Control (LABC) guidance, the application can be made by the current owner of the property regardless of who carried out the original work.

Advantages: It provides definitive proof of compliance and permanently resolves the issue. The certificate is the same standard of evidence as an original completion certificate.

Disadvantages: It can take several weeks to several months. Fees are higher than standard applications. There is a risk that the inspection identifies non-compliant work requiring costly remedial action. Opening up completed work is disruptive.

Option 2: Indemnity insurance

Indemnity insurance is a one-off insurance policy that protects the buyer, their mortgage lender, and future owners against financial loss if the local authority were to take enforcement action over the non-compliant work. The policy does not confirm that the work is safe or compliant; it simply transfers the financial risk to the insurer.

For building work where the two-year enforcement period under Section 36 of the Building Act 1984 has expired, indemnity insurance is the most common solution. The local authority can no longer require you to remove or alter the work, so the risk being insured against is relatively low. Policies for missing building regulations certificates typically cost between £30 and £150 and can be arranged by your solicitor within a day.

Advantages: Fast, inexpensive, and does not require any physical inspection or disruption to the property. Widely accepted by mortgage lenders.

Disadvantages: Does not prove the work is compliant. The policy contains a condition that you must not contact the local authority about the issue (doing so could void the cover). Not suitable if the enforcement period has not yet expired or if there are concerns about the safety of the work.

Option 3: Professional report or assessment

In some cases, the buyer's solicitor or mortgage lender may accept a report from a qualified professional — such as a chartered structural engineer or a building surveyor — confirming that the work appears to meet building regulations standards. This is not the same as a regularisation certificate, but it can provide enough comfort for the transaction to proceed.

This approach is sometimes used where indemnity insurance is not available (for example, because the local authority has already been contacted about the work) or where the buyer specifically requests evidence of the work's quality rather than just financial protection.

Advantages: Provides evidence of the work's quality. Can satisfy cautious buyers or lenders who want more than just an insurance policy.

Disadvantages: A professional report costs more than indemnity insurance (typically £300 to £800 depending on the scope). It does not carry the same legal weight as a regularisation certificate. Not all mortgage lenders will accept it as a standalone solution.

Option 4: Evidence that the work is exempt

If the work did not actually require building regulations approval — for example, if it was carried out by a registered competent person scheme installer — you may be able to resolve the issue by providing the relevant documentation. Check with the installer, the competent person scheme operator, or your local authority to obtain copies of any self-certification notifications. GOV.UK maintains a list of competent person scheme operators that you can use to verify whether the installer was registered at the time the work was done.

Comparing the options: cost, time, and suitability

The following table compares the main options for resolving a missing building regulations completion certificate, with indicative costs and timescales.

For a broader view of the costs involved in selling, including solicitor fees and other disbursements, see our conveyancing costs breakdown.

The two-year enforcement rule explained

One of the most important factors in deciding how to handle a missing completion certificate is the two-year enforcement period under Section 36 of the Building Act 1984. This provision limits the time a local authority has to take enforcement action against building work that breaches building regulations.

If the work was completed more than two years ago, the local authority generally cannot require you to alter or remove it, even if it does not comply with building regulations. This significantly reduces the practical risk and is why indemnity insurance is such a common and accepted solution for older work.

However, the two-year rule has important limitations:

• It applies to enforcement action under the Building Act 1984 only. If the work is dangerous, the local authority retains separate powers under the Housing Act 2004 and other legislation to require remedial action regardless of when it was carried out.
• The expiry of the enforcement period does not constitute approval of the work. There is still no official confirmation that the work is safe or compliant.
• If you cannot demonstrate when the work was completed, the buyer's solicitor may not be able to confirm that the enforcement period has expired, which can complicate the position.

What to disclose about missing certificates

When completing your property information forms — particularly the TA6 Property Information Form, which asks about alterations, planning permissions, and building control approvals — you must answer honestly. Section 6 of the TA6 asks directly whether building work has been carried out that required building regulations approval and, if so, whether a completion certificate was issued.

You should disclose the work and the absence of a certificate. Trying to hide it is both legally risky and unlikely to succeed, because the buyer's solicitor will cross-reference your answers with local authority search results, the property's planning history, and physical evidence visible on site.

Being upfront actually helps your sale. It allows your solicitor to address the issue proactively — whether by arranging indemnity insurance, applying for regularisation, or obtaining a professional report — rather than having it surface as a surprise during enquiries and causing delays.

Common scenarios and what to do

The right approach depends on the specific circumstances of the work. Here are the most common situations sellers encounter:

Extension built 10+ years ago, no certificate

This is the most straightforward case. The two-year enforcement period has long expired, and the work has been in place without any issue. Indemnity insurance is the standard solution. Your solicitor arranges a policy, typically costing £30 to £100, and the matter is resolved within a day. Most mortgage lenders accept this without difficulty.

Loft conversion done 18 months ago, no certificate

This is more complicated because the enforcement period has not yet expired. Indemnity insurance may be available but will cost more, and some lenders may not accept it for recent work. Applying for a regularisation certificate is the safer option, even though it takes longer. If time is critical, your solicitor may recommend a combination of a professional structural report and indemnity insurance while the regularisation application is in progress.

Replacement windows without FENSA certificate

If windows were replaced by an installer who was not registered with FENSA, you should have obtained separate building control approval. If you did not, you can apply for a regularisation certificate or arrange indemnity insurance. For older installations where the enforcement period has expired, indemnity insurance is the typical route. Policies for missing FENSA certificates are among the most common and least expensive types of building control indemnity.

Boiler replaced without Gas Safe or building control records

Gas Safe registered engineers self-certify their work and notify the local authority through the Gas Safe Register. If your boiler was installed by a Gas Safe registered engineer, check the Gas Safe Register to confirm the notification was made and request a copy of the certificate. If the engineer was not registered, indemnity insurance is the usual solution for older installations. For recent work by an unregistered installer, the buyer's solicitor may request a Gas Safe engineer to inspect and certify the installation.

How to prepare before listing your property

Addressing a missing building regulations certificate before you put your property on the market saves time and reduces the risk of delays once a buyer is in place. Here is a practical checklist:

1. Identify any building work that required approval. Walk through your property and list any structural alterations, extensions, conversions, or installations that were carried out during your ownership or mentioned by the previous owner.
2. Gather any existing certificates or paperwork. Check your files for completion certificates, planning permission documents, FENSA certificates, Gas Safe records, or correspondence from building control. Even partial records are helpful.
3. Contact your local authority building control. You can request copies of any building control records held by your local authority. Some authorities charge a small fee for this service. Records may confirm that an application was made even if you have lost your copy of the certificate.
4. Speak to your solicitor early. Once you know which certificates are missing, your solicitor can assess the position and recommend whether to apply for regularisation, arrange indemnity insurance, or take another approach. Doing this before listing means the solution is already in place when the buyer's solicitor raises the inevitable enquiry.
5. Do not contact building control if insurance is the likely route. If your solicitor advises that indemnity insurance is the best solution, do not contact the local authority about the work. Drawing their attention to the issue could make indemnity insurance unavailable and potentially trigger enforcement action.

Pine helps sellers identify these issues early by guiding you through your property information forms before you list. By completing your TA6 with care upfront, gaps in building regulations compliance are flagged early so your solicitor can resolve them without holding up the transaction.

Impact on your sale timeline

How you resolve a missing completion certificate directly affects how long your sale takes. Indemnity insurance can be arranged within a day and has minimal impact on the overall conveyancing timeline. A regularisation certificate, by contrast, can add four to twelve weeks to the process, and longer if remedial work is needed.

If you wait until the buyer's solicitor raises the issue during conveyancing enquiries, even the fastest solution adds time. The enquiry has to be raised, your solicitor has to investigate, you have to agree on an approach, and the policy or certificate has to be obtained and sent to the buyer's solicitor for review. By contrast, if the solution is already in place when the enquiry is raised, your solicitor can respond immediately with the documentation, keeping the sale moving.

Enquiries about building work and alterations

When you sell a property in England or Wales, the buyer's solicitor will routinely raise enquiries about any building work or alterations disclosed on the TA6 Property Information Form. These enquiries are standard practice and designed to establish whether the work was carried out lawfully and to the required standard. Typical questions include:

• Was building regulations approval obtained for the work? Please provide the completion certificate.
• Was planning permission required, and if so, was it obtained?
• Was the work carried out by a registered installer under a competent person scheme (for example, FENSA for windows and doors, or Gas Safe for boiler installations)?
• Are there any guarantees or warranties for the work, such as an NHBC warranty, an architect's certificate, or an installer's guarantee?
• Was a party wall notice served under the Party Wall etc. Act 1996 (if the work was carried out on or near a shared boundary wall)?

If you cannot provide satisfactory answers or documentation, the buyer's solicitor will flag the gap and expect your side to resolve it before exchange of contracts. This is where delays begin.

The best way to avoid being caught out is to gather all certificates and paperwork before you list your property for sale. Review your records for completion certificates, planning decisions, FENSA certificates, Gas Safe records, guarantees, and any party wall agreements. If certificates are missing, raise the issue with your solicitor early — before the buyer's solicitor sends their enquiries. Your solicitor can then investigate options such as indemnity insurance, retrospective regularisation, or obtaining replacement documentation, so the answer is ready when the question arrives.

How missing paperwork for building work delays your sale

A missing building regulations certificate does not just create a legal issue — it creates a timing problem. The typical delay pattern follows a predictable sequence:

1. The buyer's solicitor raises an enquiry about building work disclosed on the TA6 or identified through the local authority search results.
2. You (or your solicitor) cannot locate the completion certificate and need time to investigate.
3. Your solicitor explores the available options — retrospective regularisation, indemnity insurance, or obtaining a professional report — and advises on the best route.
4. Whichever route is chosen, there is a further wait while the certificate, policy, or report is obtained and provided to the buyer's solicitor.

This process typically adds two to six weeks to your conveyancing timeline. In straightforward cases where indemnity insurance is appropriate, the delay can be limited to a week or so. Where regularisation is needed, the delay can stretch to three months or more, particularly if remedial work is required or if the local authority building control department has a backlog.

The delay is compounded if the buyer's mortgage lender has specific requirements about building regulations compliance. Different lenders take different positions — some will accept indemnity insurance without question, while others may require a regularisation certificate or a surveyor's report for certain types of work. The buyer's solicitor must check the lender's individual requirements in the UK Finance Mortgage Lenders' Handbook, and if the lender is not satisfied, the mortgage offer may be delayed or withdrawn.

The simplest way to prevent these delays is to check your documents before you instruct your solicitor. If you know that building work was carried out but you cannot find the completion certificate, contact your local authority building control department and request a copy. Local authorities keep building control records for at least 15 years, and many retain them indefinitely. There may be a small search fee, but if the certificate exists on file, obtaining a copy removes the issue entirely and costs a fraction of what indemnity insurance or regularisation would.

Sources and further reading

• Building Act 1984, Section 36 — Enforcement powers and the two-year limitation period for building regulation breaches: legislation.gov.uk
• Building Regulations 2010 (as amended) — The regulations setting out standards for building work in England: legislation.gov.uk
• GOV.UK — Building regulations approval guidance, including regularisation and competent person schemes: gov.uk/guidance/building-regulations-approval
• LABC (Local Authority Building Control) — Guidance on the regularisation process and local authority building control services: labc.co.uk
• UK Finance Mortgage Lenders' Handbook — Lender requirements regarding building regulations compliance: lendershandbook.ukfinance.org.uk
• FENSA — The Fenestration Self-Assessment Scheme for window and door replacements: fensa.org.uk
• Gas Safe Register — Verification of Gas Safe registered engineers and installation records: gassaferegister.co.uk

Related guides

• Selling a House with a Single Skin Extension
• Selling a House Near Power Lines
• Selling a House on an Unadopted Road
• Selling a House with Bats
• Selling a House with a Rodent Problem
• Selling a House with Cladding Issues

Frequently asked questions