Compliance in the Bathroom: What Conveyancers Should Know About Showers, Baths, and Building Regs

The bathroom is often a focal point for home renovations.

A sparkling new suite, a modern walk-in shower, or a double ended bath can significantly increase a property’s appeal. However, for a conveyancer, these seemingly simple upgrades can hide a complex web of compliance issues that can derail a transaction or lead to future liability.

From new drainage to electrical work, a bathroom renovation can trigger the need for Building Regulations approval. As a buyer’s solicitor, it is your duty to ensure that any alterations have been made in a compliant manner, protecting your client’s investment and mitigating risk. This guide breaks down the key areas to check, offering practical advice for case handlers.

The Typical Certificates and Evidence a Buyer’s Solicitor Should See

When a new bathroom has been installed or a significant renovation has taken place, certain documents should be requested from the seller’s solicitor to demonstrate compliance. In addition to that the paperwork should, practical checks on bathroom fixtures are equally important. For example, ensuring fittings installed such as baths are manufactured with complaint overflow systems offering both safety safe guard and clear technical evidence. As a conveyancer you can request product related data sheets, and certifications along with following documents when reviewing the compliance of bathroom installation.

  • Building Regulation Completion Certificate: The gold standard for compliance. It provides confirmation that work has been inspected by the Local Authority Building Control or an approved independent inspector and meets the required standards. (The process for retrospective approval of uncertified work is called Regularisation).
  • Electrical Installation Certificate: Bathroom electrical work is a “special location” under the Building Regulations due to the combination of water and electricity. If there is significant electrical work, such as new circuits or consumer unit (fuse box) upgrades, then it must be certified by a qualified electrician registered with a “Part P” competent person scheme. The certificate, such as an EICR (Electrical Installation Condition Report) for existing installations or an EIC (Electrical Installation Certificate) for new work, provides a record of compliance. (Official guidance is available in Approved Document P: Electrical Safety).
  • Gas Safety Certificate: Significant gas-related work, such as the installation of a new boiler or water cylinder, also requires a Gas Safety Certification from the Gas Safe Register. Although it’s not strictly a bathroom-specific certificate, it’s still essential and a critical document to obtain, particularly for hot water installation. (You can check the official register on the Gas Safe Register website).
  • Planning Permission: This is less common for internal bathroom work, but if the renovation was part of a larger project, such as an extension or a loft conversion, planning permission may have been required. The relevant documentation should be provided. Small upgrades like bath or shower enclosure installation usually don’t require planning permission.

Common Non-Compliance Risks and How to Deal with Them

The unavailability or failure to provide the discussed certificates is a red flag. Here we have some of the most common non-compliance risks and typical solutions.

  1. Lack of a Building Regulation Completion Certificate: This is the most frequent issue. The seller may have simply used a non-certified contractor or carried out the work themselves. The risk is that the work is not up to standard, potentially leading to issues with ventilation (e.g., damp or mould), drainage, or structural integrity. This often leads to buyers withdrawing their offer, as a result the marketability of the property suffers. The structural survey, which often focuses on subsidence issues, can help identify potential problems directly related to uncertified work.

The most common solution for issues arising from a lack of a Building Regulations Completion Certificate is indemnity insurance. The insurance policy will protect the buyer against enforcement action from the local authority (though it won’t cover the cost of remedial works if they are required). The premium is typically paid by the seller. An alternative, though more complex, is to request a retrospective completion certificate from the local authority, but this can be a lengthy and uncertain process. For practical product evidence (for example, shower enclosures and baths designed to meet overflow and safety requirements), see our range of shower enclosures with compliant overflows.

  1. Uncertified Electrical Work: The new circuit installation, or significant alterations in the electrical layout without a Part P certificate, can be a serious safety risk. A lack of a Building Regulations indemnity policy can also cover this. However, given the safety implications, a buyer’s solicitor may prefer to insist on a qualified electrician inspecting and testing the work and providing a new certificate. This may be done via a retention from the purchase price to cover the cost.
  2. Breach of Covenant: In the case of a new bathroom in a flat, the lease may contain covenants that require the freeholder’s consent for any alterations. This is especially true if the work impacts the fabric of the building or shared services. You should check the lease terms carefully. If consent was required but not obtained, the buyer’s solicitor should request a retrospective letter of consent from the freeholder or a breach of covenant indemnity policy.
Leasehold and Listed Building Points to Watch

These two property types have additional layers of complexity.

  • Leasehold: The lease is the key document. It will often contain a covenant requiring the freeholder’s consent for alterations, particularly if the works involve re-routing pipes or altering the structure. Failure to obtain this consent is a breach of covenant that can lead to enforcement action, and in some cases, forfeiture of the lease. A buyer’s solicitor must be vigilant in checking for this.
  • Listed Buildings: Alterations to a listed building, even internal ones, require Listed Building Consent from the local authority. This is separate from Building Regulations. Installing a new bathroom could affect the “special architectural or historic interest” of the property. If a seller has carried out a renovation without this consent, they have committed a criminal offence. (Official guidance is available via the Planning Portal for Listed Building Consent). For risk mitigation, a buyer’s solicitor should conduct a search with the local authority to check for any applications. If no consent was obtained, a retrospective application may be possible, but this is a serious and time-consuming issue. Indemnity policies for listed building breaches are also available, but they are generally less effective as they do not protect against the criminal nature of the offence.
Checklist for Case Handlers
  • Property Address: __________________________________
  • Date: __________________________________
  • Case Handler: __________________________________
Bathroom Renovation – Buyer’s Solicitor Checklist
  1. Initial Enquiries:
  • [ ] Has the seller confirmed that a new bathroom has been installed or significantly altered since they purchased the property?
  • [ ] Request copies of all relevant certificates from the seller’s solicitor.
  1. Certificates & Evidence to Check:
  • Building Regulations:
    • [ ] Is a Building Regulation Completion Certificate provided for the work?
    • [ ] If not, what reason is given? (e.g., work done by a non-certified person, minor work not requiring a certificate).
    • [ ] If no certificate, has a Building Regulations Indemnity Policy been offered? Check the terms of the policy.
  • Electrical Work (Part P):
    • [ ] Is an Electrical Installation Certificate (EIC) or equivalent provided for any new electrical work?
    • [ ] Does the seller’s solicitor confirm the electrician was Part P-registered?
    • [ ] If not, has a separate indemnity policy or a retention for inspection been discussed?
  • Planning Permission:
    • [ ] Was the bathroom part of a larger project (e.g., extension)?
    • [ ] If so, have the relevant planning permissions been provided?
  1. Specific Property Types:
  • Leasehold:
    • [ ] Review the lease for a covenant requiring freeholder/landlord consent for alterations.
    • [ ] Was consent required and was it obtained?
    • [ ] If not, has a Breach of Covenant Indemnity Policy been offered?
  • Listed Building:
    • [ ] Is the property a listed building? (Check the Local Authority Search).
    • [ ] Was Listed Building Consent required for the work?
    • [ ] Was it obtained?
    • [ ] If not, advise the client on the serious nature of the breach and the potential criminal liability.
  1. Additional Checks:
  • [ ] Have you raised specific enquiries regarding the bathroom with the seller’s solicitor?
  • [ ] Have you reviewed the survey for any issues related to the bathroom, such as damp, mould, or poor workmanship?
  • [ ] Have you advised the client fully on the risks of proceeding without proper documentation and the limitations of indemnity policies?
Author’s Bio.

Jennifer Cartwright works with Royal Bathrooms UK to turn technical specs into useful advice. She enjoys helping conveyancers and homeowners understand what paperwork and product evidence they should expect when checking bathroom installations.

Kindly shared by Royal Bathrooms UK