Legal advice appreciated

[StrongerSingle]

I will go to my solicitor over this but wondered if anyone here has any knowledge on this subject (and Scottish law).

After my divorce I bought a small house and had to have the garage converted so that my son had his own room. It really stretched me financially but it needed done.

I got plans drawn up, and got the necessary building warrant.

The work was completed some time ago and the council have been back out to certify the work, but have rejected the application because the builder didn't dig down and put in foundations under the windows, as stated in the plans. I had no idea this was the case and thought there were foundations there.

I'm livid with the builder, and will seek official advice, but would appreciate anyone with experience telling me whether I can take the builder to court because I don't see why I should now pay to have this work done when I thought it had all been completed correctly.

Thanks in advance :)

What a nightmare StrongerSingle
I’m afraid I don’t have the necessary legal knowledge but just to say we partially converted our garage around three years ago and I recall we had to inform the local Building Warrants Dept of the start date of the work. We had an unannounced visit part way through and then when work was complete. Our builder had to tell them when they had reached a certain point in the work and before the floor was boarded over as I recall. Just thinking that something as critical as foundations would have been obvious at an early stage. I wonder if this work in progress visit is standard and whether your local planning department has slipped up themselves.
I’d be furious too. I’d try and work with the building warrants officer to see what the best course of action is now. Is the wall safe in their opinion? Fingers crossed the work required may not be so extensive as it seems. Best of luck with getting some recompense from the builder. Would house insurance cover such situations?

I don’t have the legal knowledge either but when we converted our garage, the planning department also made an unannounced visit while the work was being done. Probably a good thing too as our builders had encountered problems and were merrily going off plan. It was a real pain, but they eventually sorted it.

Have you got a written contract with the Builder that states the work that is to be done and is conditional on the Completion certificate being granted

Thanks so much everyone for responding.

It is a bit of a nightmare!

I did get a written quotation from the builder, which I think refers to the drawings, so I'll dig that out and contact my solicitor today.

Thanks again x

I would approach the builder yourself in the first instance. It does not need a lawyer at this stage. What did the quote say in relation to the plans - can you quote the exact wording? What is the wording of the building warrant in relation to council inspections? They normally say whether you just need a final inspection or whether an intermediate inspection should have taken place.