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Any recourse when building regs get something wrong?

4 replies

JonSnowedUnder · 07/05/2022 14:51

I'm guessing not but thought I would ask. We had a big building project recently, all inspected and signed off by BR. We have recently discovered a drainage issue which is fairly serious and is in the process of being inspected and quoted for by another builder with experience of this issue. We have just finished preliminary investigating and are waiting for a quote for remedial work, tbh we are worried because we haven't really had a chance to build up our savings since the build (finished the start of this year) and we may have to take a short term loan.

I know our previous builder will brush us off if we talk to him and I would like to avoid taking formal action against him but if the quote for the remedial actions is high we may have to. My question is, I know build regs were there on the day the original builder was working on the issue and ok'd it, don't they bare any responsibility? We're talking about something that could have affected our foundations. Has anyone ever faced anything similar? DH doesn't want to involved them at all as he's worried about opening a can if worms but I'm so annoyed we paid them to make sure everything was on the level and they've massively failed.

OP posts:
johnd2 · 07/05/2022 21:02

Building control don't have any liability.
The original builder would be liable if it says in the contract that all works must comply with building regs. But you would need to give them the chance to rectify it first.
Ultimately it's the owner's responsibility for building regs compliance.
Good luck

TizerorFizz · 07/05/2022 22:36

If the builder didn’t build to the drainage plans snd spec, then the builder is to blame. I assume you had drainage designed by someone competent and qualified? Or did the builder try and wing it after the design was submitted to building regs? What is wrong exactly?

JennyJumpup · 08/05/2022 02:56

I had a similar problem (on a smaller scale) in my apartment where I discovered the developers hadn't installed the ventilation system properly. It had been signed off by Building Control.

I got in touch with the council and explained the problem. They told me the council didn't have any liability. I asked to see the "Building Control file" for my property. I had to make a FOI request for that. Eventually someone from Building Control got back to me and was very helpul. I think he ended up having a "quiet word" with the developers as all of a sudden they offered to come back and put it right at their own expense! This was around four years after I had moved into the apartment.

JennyJumpup · 08/05/2022 02:58

I should add that before involving the council I initially contacted the developers to ask if they would fix the problem but they gave me the brush-off.

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