My Builder Did Not Get Building Regulations Approval

Discovering your builder didn't obtain the required building regulations approval is a serious issue. Not only is the work potentially illegal, but it can also affect your home's value, your ability to sell, and your insurance coverage. You have strong legal grounds to take action against a builder who failed in this fundamental responsibility.

Why Building Regulations Matter

Building regulations are legal requirements that ensure construction work meets minimum safety and quality standards. They cover structural integrity, fire safety, energy efficiency, ventilation, drainage, and accessibility.

Certain types of work legally require building regulations approval, including:

• Extensions and conversions (including loft conversions)
• Structural alterations (removing walls, adding floors)
• New electrical installations or rewiring
• Installing new bathrooms or kitchens
• Replacement windows and doors in some cases
• New heating systems or boilers
• Roofing work and insulation

Your Builder's Legal Responsibility

When a builder undertakes work requiring building regulations approval, they have a legal and professional duty to either obtain that approval themselves or clearly inform you that it's your responsibility (though most reputable builders include this in their service).

A professional builder should know which work requires approval and should never proceed without it. If they've done so, they've breached their duty of care and their contract with you.

What You Can Sue For

• Cost of regularisation - Obtaining retrospective approval (typically £500-£2,000+)
• Remedial work costs - If work doesn't meet regulations and must be redone
• Professional fees - Structural engineers, surveyors needed for regularisation
• Loss in property value - If work is deemed non-compliant and affects sale price
• Legal costs - If you need to involve surveyors or experts
• Sale fall-through costs - If a sale collapsed due to missing approvals

The Regularisation Process

If work was done without approval, you'll need to apply for a regularisation certificate from your local authority building control. This process involves:

1. Application

Submit a regularisation application to building control with details of the work completed. There's a fee (usually £500-£2,000 depending on the project scope).

2. Inspection

A building control officer inspects the work. They may require parts of the work to be opened up to verify compliance (like checking foundations or insulation that's now hidden).

3. Remedial Work

If the work doesn't meet current regulations, you'll be required to bring it up to standard. This can be expensive and disruptive, potentially requiring demolition and rebuilding of some elements.

4. Completion Certificate

Once satisfied, building control issues a regularisation certificate confirming the work now meets regulations. Without this, your property remains legally non-compliant.

Impact on Your Property

Work without building regulations approval creates several serious problems:

Selling Your Home

When you sell, your solicitor must provide building regulations certificates for any work done in recent years. Without them, buyers may withdraw, demand significant price reductions, or require an indemnity insurance policy (which can cost £100-£500 and doesn't actually fix the problem).

Insurance Issues

Your home insurance may be invalidated if they discover non-compliant work, particularly for structural alterations or electrical installations. If something goes wrong related to the uncertified work, they may refuse claims.

Mortgage Problems

If you want to remortgage, lenders will discover the missing approvals during their valuation. They may refuse to lend or offer reduced amounts, as the property is technically worth less with non-compliant work.

Safety Concerns

Building regulations exist for safety. Work done without proper oversight may have structural issues, electrical faults, fire safety problems, or other hazards that put your family at risk.

Building Your Legal Case

To successfully claim against your builder, you'll need to prove they were responsible for obtaining approval and failed to do so. Gather this evidence:

Documentation

• Your contract or agreement with the builder (even if verbal, document what was agreed)
• Quotes showing the scope of work
• Any correspondence where the builder discussed the project (emails, texts)
• Evidence they should have known approval was required (for example, they're a registered builder or claimed expertise)

Professional Evidence

• Confirmation from building control that no application was made
• Regularisation application and costs (this proves the financial impact)
• Building control's inspection report noting any non-compliance
• Quotes for remedial work if changes are needed to meet regulations

Common Builder Excuses (And How to Counter Them)

"I Told You It Was Your Responsibility"

Unless this was explicitly stated in writing in your contract, this excuse rarely holds up. Professional builders undertaking regulated work have a duty to either obtain approval or make it crystal clear in writing that they're not doing so.

"The Work Doesn't Need Building Regs"

Get confirmation from your local building control. If they say it did require approval, the builder's opinion is irrelevant - they should have known the legal requirements for their profession.

"You Can Just Get an Indemnity Policy"

Indemnity insurance doesn't make the work compliant or safe. It only protects against enforcement action, and many lenders won't accept it. The builder still breached their duty by not obtaining proper approval.

"It's Too Late to Get Approval Now"

It's never too late for regularisation, though it may be more difficult and expensive. That increased cost is precisely what you can claim from the builder - it's their failure that created this situation.

Time Limits and Urgent Action

You have 6 years from when the work was completed to make a legal claim. However, act quickly because:

• Building control enforcement action can be taken within 12 months of work completion
• The longer you wait, the harder it may be to get regularisation approved
• Evidence and witnesses become less available over time
• If you're trying to sell, this issue will block the sale until resolved

What the Court Will Consider

When you sue a builder for not obtaining building regulations approval, the court will look at:

• Whether the work required approval (easily verified with building control)
• Whether the builder should have known approval was required (almost always yes for professional builders)
• What was agreed about who would handle building control (your contract or correspondence)
• The actual financial loss you've suffered (regularisation costs, remedial work, lost sale, etc.)
• Whether you've taken reasonable steps to mitigate the problem (applying for regularisation)

Enforcement Action and Your Rights

In some cases, building control may take enforcement action against work done without approval. This can result in:

• Enforcement notices requiring regularisation
• Injunctions preventing use of the space until approval is obtained
• In extreme cases, requirements to demolish non-compliant work

If you face enforcement action due to your builder's failure, you can claim all associated costs from them, including legal fees and any fines or costs imposed by building control.

Preventing Future Issues

If you're in the middle of a project or planning future work, protect yourself by:

• Getting written confirmation of who's responsible for building regulations
• Asking to see the building notice or full plans application before work starts
• Requesting copies of building control inspection records as work progresses
• Not making final payment until you've received the completion certificate
• Checking your builder is properly qualified and registered with trade bodies

Why Choose JustClaim?

JustClaim specializes in helping homeowners take action against builders who've failed in their duties:

• Expert guidance - Our AI assistant understands building regulations and legal requirements
• Document generation - Automatically create Letters Before Action and court claim forms
• Cost calculation - Work out exactly what you can claim for regularisation and remedial work
• Evidence structuring - Organize your proof to build the strongest case
• Court filing - Submit claims digitally, no paperwork hassles
• Affordable service - Fixed fees instead of expensive hourly rates

Get Started Today

Your builder's failure to obtain building regulations approval is a serious breach that puts your home, your finances, and potentially your family's safety at risk. You deserve compensation for the stress and costs this has caused.

The legal system is on your side. Start your free case assessment now and take the first step toward holding your builder accountable and protecting your property's value.