Homeowner's Nightmare: False Building Records Hinder House Sale

A homeowner's attempt to downsize has been thwarted by an unexpected obstacle: false building regulation records. This situation highlights the challenges faced by property owners due to bureaucratic errors and a weakened regulatory system.

The issue arose when a local search, conducted as part of the standard conveyancing process, revealed several building works allegedly carried out on the property. These included the installation of an air source heat pump in 2022, solar panels in 2023, and various other modifications. However, the homeowner asserts that none of these works were actually performed.

This discrepancy led to the withdrawal of potential buyers, who questioned the seller's honesty. The local council, responsible for maintaining these records, has refused to amend the incorrect information, claiming they lack the "source data" to do so. Instead, they've placed the burden of correction on the homeowner, suggesting they contact each "competent person notifier" – the tradespeople who erroneously reported the works.

This situation underscores the flaws in the current building regulations system. The Building Act 1984 established a robust regime for regulating construction works and upholding safety standards. However, subsequent deregulation has weakened this framework, with tragic consequences such as the Grenfell Tower disaster in 2017.

To address this issue, the homeowner is advised to:

• Invoke the local authority's complaints procedure
• Contact the council's Data Controller
• Seek assistance from the Information Commissioner's Office (ICO) if necessary
• Have their solicitor prepare a statutory declaration stating the works were not carried out
• Consider obtaining indemnity insurance to protect potential buyers

While these steps may help resolve the immediate problem, the case raises broader concerns about the accuracy and reliability of public records related to property. It also highlights the need for a more responsive and accountable system for correcting errors in official databases.

"This is a most frustrating situation, and I have enormous sympathy for you. It must feel like a nightmare where you run through the town hall and as you open each door a faceless civil servant says 'no'. You must prove what you can't prove; it is a bureaucratic circle of hell."

As the UK continues to grapple with issues of building safety and regulation, cases like this serve as a reminder of the importance of accurate record-keeping and the potential consequences of administrative errors on individual homeowners.