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Help! Who's liable for failed building regs? What should I do next?

29 replies

questionsquestions1 · 01/04/2021 09:37

BACKGROUND

I had my loft converted 2.5 years ago.

I worked with a recommended builder who brought an architect. The architect drew up the plans and the builder said they'd sort building regs.

I got an invoice for commencement from the building regs company so everything seemed good.

At the end of the job the builder said "leave it with me and I'll sort building regs".

Sadly our son died shortly after, so pestering the builder was far from my mind.

I gradually started pestering a year later and after another year (!) someone finally showed up and looked very amused when I said the builder claimed they'd been hard to get hold off.

Three months ago I got a certificate saying building regs was failed as our doors aren't thick enough.

The builder tells me:

  • The guy they knew at that firm has moved on
  • The guy who visited didn't know about old paperwork
  • It should all be fine as there was a site visit and plans showing existing doors remaining were shared and approved by the building regs firm at the start
  • He's trying to speak with the building regs guy but he's hard to get hold off (clearly a lie, but I'm not sure if that's just because he's busy, can't be bothered, or stringing me along in the hope I give up)

Apart form this, the builder has been much more reliable than most tradesmen I've worked with and seemed like a decent bloke. His original quote was an email listing itemised work, but not explicitly stating anything about building regs, so I'm not sure what I can hold him to. I'm starting to think this is never going to get sorted an I need to know my rights. I'm also starting to loose my mind trapped in lockdown with this going round in my head!

QUESTION
Is there any rule of thumb for who's liable if building regs aren't sorted and I need to get more work done to rectify it? (and if I've wasted money on substandard work)

I feel like I need to threaten legal action, but I don't know if I've got any grounds, or if I'll just loose any remaining good will and hope of him sorting it.

Is it the builders responsibility? The architects? Or am I on my own and need to keep relying on the builders "good will"?

I realise I can't get proper legal advise on a forum, but if anyone has a rough idea of what normally happens in these situations, it would be a massive help.

Thanks

OP posts:
Raxer26A · 02/04/2021 06:33

There are companies that deal with building regs , it's not a closed council shop , has been this way for a long time.

IstandwithJackieWeaver · 02/04/2021 06:36

@Decorhate

I’m puzzled by your reference to a building regulations company OP. Are Building Regs not administered by the Building Control Department of the council in your area?
There are independent companies that do it too. They tend to have a more collaborative approach and some builders work with specific firms to ensure their projects don't hit issues over building regs.
Sunflowergirl1 · 02/04/2021 07:57

First if all the responsibility for obtaining building regulations approval is the owners. However you would normally have it in the contract that the build is done according to the specification that is in the contract. That specification should include the standard to meet building regulations.

So has the builder completed the build to the specification you put in the contract. This is usually the drawings that were approved by building control after you received planning permission (if it was required). If the plans state a certain specification of door and the builder hasn't fitted them, they are liable to put it right. You can then get BR approval.

If the builder hasn't completed it correctly, then require that they do so and do it in writing giving him a set period to respond and then complete the work. If he fails to do so then get quotes to complete the work and you are then into the small claims court assuming under their threshold which it sounds to be. It is a relatively easy process and you can represent yourself.

I've had to go down this route now three times for various issues from car accidents to substandard work and I've ended up actually in court once when I won. It was entertaining to hear the judge summing up the case and being scathing about the supplier who had to sit and listen to it

TimetohittheroadJack · 02/04/2021 08:04

Jewson have FD30 doors for under £100 each. Fitting them (and adding the intumescent strips and door closures) is a pain, but shouldn't be more than £100 per door. Remember it's only habitatable rooms, so not bathrooms or cupboards.

I'd ask the builder if you bought the doors would he fit them for free? Or at least at low cost given it's sort of his fault.

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