Conveyancing Explained

If you are having electrical works undertaken at the property, then you may need an electrical certificate under Part P Building Regulations Electrical Safety January 2005. This depends upon the type of work being undertaken. It can either be issued by a qualified electrician or you can apply for a Building Control Officer from the Council to inspect the work.

A Competent Person is a business that has been adjudged to be sufficiently competent to self-certify that its work complies with Part P of the Building Regulations of England and Wales.

The work must be undertaken by a “Competent Person”, who must be registered with a scheme that has been approved by The Department for Communities and Local Government (DCLG). Schemes authorised by the DCLG are listed on its website at http://www.communities.gov.uk.

Work that need not be certified/notified;-

1. Replacing accessories such as socket-outlets, control switches and ceiling roses.

2. Replacing the cable for a single circuit only where damaged for example by fire, rodent or impact (on condition that the replacement cable has the same current carrying capacity, follows the same route and does not serve more than one sub-circuit through a distribution board).

3. Re-fixing or replacing the enclosures of existing installation components (if the circuit’s protective measures are unaffected).

4. Providing mechanical protection to existing fixed installations (if the circuit’s protective measures and current-carrying capacity of conductors are unaffected by increased thermal insulation).

or

Work that is not in a kitchen or special location (see below) and consists of:

1. Adding lighting points (light fittings and switches) to an existing circuit (only if the existing circuit protective device is suitable and provides protection for the modified circuit and other safety provisions are satisfactory).

2. Adding socket-outlets and fused spurs to an existing ring or radial circuit (only if the existing circuit protective device is suitable and provides protection for the modified circuit and other safety provisions are satisfactory).

3. Installing or upgrading main or supplementary equipotential bonding (such work will comply with other applicable legislation, such as the gas safety regulations).

If any of the above work is undertaken in a special location (below) it must be notified.

Special locations;-

Locations containing a bath tub or shower basin
Swimming pools and paddling pools
Hot air saunas
Electric floor or ceiling heating systems
Garden lighting or power installations
Solar photovoltaic (PV) power supply systems
Small scale generators such as microCHP units
Extra-low voltage lighting installations, other than pre-assembled, CE-marked lighting sets

New installation must be certified / notified although modifications in the following areas are exempt:-

Bedrooms
conservatories
dining rooms
halls
integral garages
landings
lounge
stairways
studies
tv rooms.

Work of any nature in the following must be certified / notified ;-

Bathrooms
Bedrooms containing a shower or basin
Ceiling (over head) heating
Communal areas of flats
Pre-assembled CE marked lights
Garden – lighting and power, greenhouses workshops and sheds
Kitchen
Kitchen diners
Remote buildings
Remote garages
Saunas
Shower rooms
Small scale generators
Solar power systems
Swimming pools
Under floor heating
Extra low voltage (E.L.V.) – under 50v ac

The regulations do not apply to computer and telephone cabling.

New regulations apply to replacement windows and doors installed since 1st April 2002. Basically, all replacement windows, rooflights, roof windows and glazed doors (more than 50% glass) will have to comply with the FENSA Regulations/new Building Regulations.

Either a FENSA Certificate or Building Regulation Approval/Completion Certificate should be available.

If you’re buying, you need to ask the seller whether there are any such replacements. If so, do they have a FENSA Certificate/Building Regulation Approval? Whatever their answer, tell your conveyancing solicitor, as this document is now required by law. The solicitor can ensure that it is available and that you will get the original Certificate on completion. If it is not available, then remedies such as indemnity insurance or retrospective building regulation aproval can be obtained.

If you’re selling a property and you’ve recently had replacements made, then find your Certificate, because the buyer’s solicitor is bound to ask for it. If you had a FENSA Certificate and you’ve lost it, a replacement can be obtained from the FENSA website at a cost of 10 pounds. Obtaining this sooner rather than later will avoid delays in exchange of contracts. If you didn’t get a FENSA Certificate or Building Regulation Approval, then you need to make sure that you tell your conveyancing solicitor. As indicated above, it is usually possible for you to either pay for an insurance policy to cover the buyer or to contact the Council for retrospective building regulation approval. If you use the latter option though, be aware that if retrospective approval is refused, you cannot then get insurance, because the insurance company will consider the Council as being notified of the breach and therefore likely to take enforcement action against you.

You can find more information from the Building Control Department of your local Council or by visiting www.fensa.co.uk.