Alec Samuels opens the case of the architect’s certificate
A block of flats is being built. The developers and their agents are keen to get prospective purchasers signed up as soon as possible. The flats are being built on borrowed money paying interest. Prospective purchasers are urged to enter into a reservation contract for a small sum to be set off against the ultimate price, or forfeited in the event of not proceeding further. Exchange must follow within 28 days. Expected release of the flats for occupation and the completion of the conveyancing process will be expected for next April (though we all know that this is very probably an optimistic forecast and will not actually happen until September).
There will be no NHBC 10 year warranty. But instead there will be an architect’s certificate based upon an architect’s inspection. This sounds good, comforting and reassuring.
The inspections and the certificates are somewhat delayed. Some are given to prospective purchasers before exchange, some after exchange but before completion, some after completion, some considerably after completion (backdated!).
Some years later, serious structural defects appear in the
