conservatory buit over open gully

looking for some advice please. I had a conservatory built over an open gully - verbally they said they would cap it but didn't..

in short - had a flood when it blocked - but of course never realised for months.... lots of damage had to replace flooring. Taking the issue to the company that did it - my question / plea for help is did they do anything against (eg) planning regs?
its common sense to cap it but is there something specific / regulatory I can pin on it?
They also didn't put any airholes in the gap underneath the floor which is why the damage /damp was so bad.
Thank you in advance!
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  • Doozergirl
    Doozergirl Posts: 33,781
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    It's the homeowner's responsibility to ensure that whatever you build meets regulations.

    There are no building regulations to meet for conservatories usually anyway. It's regarded as an outbuilding. Anything goes.

    Building over shared sewers requires a buildover agreement from the water company, but again, it's the homeowner's responsibility.
    Everything that is supposed to be in heaven is already here on earth.
  • Others with more knowledge will come along but it's often said that conservatories are not subjected to the same regulations as proper extensions.
    ETA: Doozergirl beat me to it!
  • PhilE
    PhilE Posts: 566 Forumite
    Welcome to conservatories, I've had recent dramas myself.

    A cheap, short lasting outbuilding that requires no planning permission and usually has inadequate foundations and drainage.

    If the damage is to your main house, I'd get a survey done to assess the damage and consider legal action. If the damage is to the conservatory and it is still under guarantee, contact the company that built it.

    You might want to get a surveyor to have a look even if you are not seeing damage to your main house. A gully close to your house that might have been blocked for months is a cause for concern.

    If your not seeing new cracks it may well be ok, but get it checked for peace of mind.

    I'm never going to add a conservatory to any house I own, a properly built extension every time.
  • Furts
    Furts Posts: 4,474 Forumite
    edited 9 September 2017 at 8:44AM
    looking for some advice please.

    its common sense to cap it but is there something specific / regulatory I can pin on it?

    They also didn't put any airholes in the gap underneath the floor which is why the damage /damp was so bad.

    Thank you in advance!

    To an extent I disagree here. It is not "common sense" to cap it, until an informed decision has been made. Is it a foul or surface warter sewer, or combined? Why is the open gulley there? If it is capped what alternative drainage is being provided? Is it a rodding access point? These are some that come to mind and all should have been addressed by you before work commenced.

    The majority of conservatories have a floor slab which is poured concrete. It is never normal practice to have air bricks to ventilate these. Consequently you are going against normal thoughts here. Thus if you wanted "airholes" it was up to you to specify them.

    Then there is the awkward truth. You may have failed in your specifications, and you clearly failed in your inspections of the work. You have paid for a defective conservatory with these facts in mind. Why pay if something is clearly defective?

    Bearing in mind conservatories are unregulated, plus your failures, and add in it was only a verbal agreement on the gulley, I do not think you have a leg to stand on. You can try, because clearly what was done was wrong but you have to accept some responsibility for this. Check out any guarantee here, and see what it covers.

    I ponder over an insurance claim here. Duty of care and duty to mitigate losses comes to mind. Plus were the insurers notified of the conservatory being built? All this means an insurance claim could fail. Did you take this route, and did you succeed?

    Consumers have to be aware that having a conservatory is a risky proposition. Unfortunately you have found this out too late and you have found this out the hard way.
  • Thanks everyone​bit you're answering questions i haven't asked. Via my insurance co i can claim extra non insured costs from the building co, but i need evidence, not just common sense, of any codes they have not adhered to, or even evidence that what they did goes against standard practice.
    Thanks
  • Furts
    Furts Posts: 4,474 Forumite
    Thanks everyone​bit you're answering questions i haven't asked. Via my insurance co i can claim extra non insured costs from the building co, but i need evidence, not just common sense, of any codes they have not adhered to, or even evidence that what they did goes against standard practice.
    Thanks

    People are answering questions you have not asked to give you a reality check. You can seek the GGF guidelines to conservatory installation, but if the installers were not supporters of GGF you will have to decide where you stand. You can also study the Buildings Regulations on drainage. I cannot guide you on this for two reasons. First, I have not seen the gulley, and second, you have not addressed any of the comments I made in my earlier post. Hence I remain ignorant on the details.

    But you may be peeing into the wind. You sought a conservatory, and as all the posts have said, this is unregulated work. Consequently to decide what regulations have been ignored, in an unregulated industry, is an illogical way to progress matters.
  • Thanks appreciate your concern.
    I think it's a case of forget its a conservatory, someone has built a floor over an open fully. Thus any blockage will go unnoticed for a long time.
    What formal industry guidance have they ignored? Where is it written down you can't do that? Even a wickes or b and q guide would be useful, as it proves it's recognised as poor practice in the industry.
    Ie it's useful evidence legally. That their actions caused or contributed to the damage occurring.
    Cheers
    I've checked the docs you refer to but can't see anything. It seems though i hope not, to be do obvioysly a thing not to do, it's not written down!
  • Furts
    Furts Posts: 4,474 Forumite
    Be honest with yourself. You are stumbling around because you lack support. You allowed the situation to arise, and you did not know what should have been done to prevent this. Consequently you need professional advice.

    You need to know if a Build over Agreement was applicable, or the drain diverted, or whatever. I doubt a Building Inspector will get involved, but you can try. A Chartered Building Surveyor, or a Clerk Of Works is what you require. The latter should be cheaper.

    If you give your location somebody may have some names for you.
  • Davesnave
    Davesnave Posts: 34,741
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    I've checked the docs you refer to but can't see anything. It seems though i hope not, to be do obvioysly a thing not to do, it's not written down!
    You probably won't have checked one relevant document: the GGF's installation guide for conservatories, which is probably the bible, so far as this sort of work goes.....and that's because it costs £150 to non-members who want to view it.

    The GGF don't work for you, no matter what their web site says. They might look at the matter and assist you if the company that erected the conservatory is a member and shirking responsibilities, but they will keep you at arms length.

    They will not help out at all over matters like building-over agreements, however, as those are entirely your responsibility.
  • Thanks Dave, I'll try to find a copy!
    Furts you're just doing the same arrogant thing, answering a different question and telling me i don't know what I'm doing.
    I do. It's all sorted, drains fine. I'm just trying to close some money off the co that said they'd seal it and didn't. The solicitor​wants evidence that not sealing is poor practice. Period.
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