Looking for council residential building control knowledge

[HouseOfNightmares]

Posting here for traffic. Name change too.

Going to try to sum up as succinctly as I can.

We started building work about 16 years ago (2x extensions). Builders made multiple errors which ultimately meant we decided to part with them before finishing.

Before parting with them, I had building control advice to get to a finishing point where my house was safe i.e. all their dodgy work was rectified to a safe state. This was because I had no idea when Id be able to pick it up again... what followed was to a multitude of major unforeseen life situations that made it impossible to give the necessary attention to pick the work back up with new builders for quite a while.

Before pausing the work, I discussed things with building control who said there was no time limit on the pause as we had already started the work (this is really important to note as it was explicitly communicated at the time).

Fast forward to now. I am finally in a position to resume the work. In discussion with potential new builders, they asked for a list from building control of what has been signed off & what has not.

I contacted building control, to be now told that records at the time made by the inspectors (all of whom have since retired or left) say some contraventions were not fully fixed (this is not what they told me) & there is no longer indefinite time to complete building control, both of which mean very sorry but they won't reopen or inspect any work going forward.

I contacted them to query this & was told they literally don't want to get involved now. Which means I can't get any of it signed off ever going forward. How can this be right or legal. My only option would be to rip it all down which is crazy. Also, duty of care.... I believed them in good faith when they told me the building control could be picked up at any later point with no time limit. If that changes surely it shouldn't be enforced retrospectively.

In addition I'm gobsmacked & angry I was told all safety issues were corrected before we let the bad builders go but looking at the inspectors notes (which were never shared with me at the time & I didn't know to ask), they suggest there could still be structural risks present.

So I feel really let down from a few different angles & terrified building control are trying to step away from this with no idea wtf that leaves us (not that I think for a moment this is fair or right given my past conversations & information from them).

I know this is a niche area in terms of the detail of rights & knowledge I'm hoping to get clarity on, but can anyone advise how to proceed on this?

(Sorry for the length, this was genuinely the short version)

Do you still have correspondence from them from the time?

If so, can you use that in your case? They should have copies of correct from the time, including emails.

None of their site visits at that point resulted in anything written. All communication with building control durung theur checks was verbally in person or on telephone between visits.

I guess you could ask for a subject access request to see if any information still exists that would help your case but unfortunately I can see that this is an awfully long time, building regs change and people move on from their role.

Did you take any photos of things like footings, walls being built etc that can be used as evidence of what work was done?

When you say you used building control, do you mean from the local authority or a private company (an approved inspector)?

You could just hire a new approved inspector and ask them to do a check and give you a list of what's not in accordance with building regs?

Sorry, should also say that the building regs have changed a lot in 16 years so what would have been accepted then may not be now.

The law is currently 3 years to complete, I don’t know if it was ever limitless but even if it was a building inspector isn’t responsible for changing central government policy.

Retrospective approval of areas that have already done are still possible though, although i imagine the fact that the work is 16 years old plays a part.

Who have you actually been speaking to?

Technically, yes. Current regulations will be different.

BUT

Current regulations won't apply to work commenced 16yrs ago. The only regulations that can be applied are those in force at the time the application was deposited.

There is also no timelimit on completion of works.

You only have to commence works within 3 years for the application to remain open - which OP has done.

The LA, in this case, is wrong.

An Approved Inspector will be reluctant to get involved in work once it's underway - and certainly not from this long ago.

Their insurance probably wouldn't cover them to take over from LABC after such a long time.

Certainly in some areas the initial application would lapse after around 3 years and the initial application would now be closed and need to be completely restarted with a brand new application submitted.

But the problem is that neither the OP, or council, appear to be able to evidence that the works under the initial notice commenced.

The OP could try and battle the council but their records are famously poor and they don't appear to be being helpful.

I'm not suggesting an approved inspector pick up anything (you can switch but think it needs a new application), but rather help the OP with the new works the builders need to do.

Not once work has begun - it's in the Building Act (I've just checked and the wording hasn't changed).

I still think an AI would have problems with insurance.

The LA are just plain wrong in their understanding of the legislation and need to be challenged.

@HouseOfNightmares I don't suppose you've got all of your paperwork? or are able to access bank records to prove you paid an "inspection fee" after work commenced?
If you can, the application is still "live" and the LA cannot refuse to inspect. You are also not limited in the number of inspections you have.

@ErroltheSwampDragon The OP could try and battle the council but their records are famously poor and they don't appear to be being helpful.

Well, yes. Historically I have seen many, many records of foundations inspections which say "appears satisfactory"...🤔🤦🏻‍♀️ no details of depth or if they're in clay or sand, etc.

They appear to have records of foundations & drainage passing but things on their notes after that are vague.

Then they have details of you commencing work.

Your Building Regs application is technically still "live" as there is no restriction as to when work has to be completed, other than before occupation.

They cannot refuse to attend if you ask for an inspection, you've paid for this service.

Any problems, complain to the LA, your councillor, then tell them you'll escalate your complaint to the LA ombudsman and your MP.

DO NOT get an Approved Inspector involved.

Well it’s good to note that those have been passed as I would be worried if they were never up to scratch.

Are the time rules for planning permission & building control inspections the same?

When I spoke to the LA building control officer he said planning permission was granted & as work started within 3 yrs (it was actually within a few months) it won't ever expire.

However according to him there is a 10 yr expiry window from last visit for Building Control's obligation to inspect. This is in contrast to what I was told back during my BC visits that there was no expiry on either PP or BC if work had started within the 3 yrs of Planning Petmission being granted, which it had.

The BC person I spoke to said that was current legislation & may be different to what was the case on my last visit about 15 yrs ago but that I am subject to today's legislation rather than that of the time I started my build.

Which seems deeply unfair if true.

Especially if they are now saying they will not inspect under any circumstances even if I had to pay new inspection fees. Having been sent the inspection notes from the time they are chaotic, missing some visit info & haphazard. I can't help but wonder if today's inspectors have looked & seen the ones who did my visits have left them a mess of inspection notes on top of a messy build and they can't be bothered getting involved because it's more work than usual due ro trying ro unpick the past because their predecessors didn't document visits clearly, concisely, fully or accurately.

And if the LA BC are trying to wash their hands of this I feel certain I will have an impossible task getting an Approved Inspector to take over, plus the cost of this will break me.

Do you know the law / act covering this so I can try to read my rights independently of what the BC are telling me regarding their visits having an expiry like they are now claiming?

The most straightforward place to start would be getting all records from the council via a Subject Access Request and then escalating your complaint in writing via the Council. Then you have the Ombudsman to refer it to.