Building controls application and responsibility

nomadic_saver

18 Months ago I contracted a conservatory company (UV-2) to:

1. Build a conservatory on to the kitchen's external wall,
2. Remove an internal partially supporting wall between the kitchen and utility room.
3. Extend down a former external kitchen window to form the doorway into the conservatory, and
4. Replace the external door to the old utility room.

It is not a large project and essentially it is now complete. However, because there is a tree with a TPO just outside of our boundary, I was mindful that Planning Permission may have to be obtained. We had previously been granted Planning Permision for a smaller brick built single storey extension in the same area as the current conservatory but accommodating the TPO made the project's foundation work too expensive. During the two salesman's visits I requested that UV-2 take on the responsibility of obtaining whatever permissions were necessary for the project. After paying a returnable deposit the project was surveyed twice before a sart date was set. The project has taken a long time during which there have been some project management construction problems, I have dealt with 3 Installation managers in succession and, I believe, UV-2 has gone into administration and Canterbury Conservatories have taken them over, not that anyone in either company told me so. UV-2's communication and project management has been atrocious but I now need to wrap up the project however, whilst it appears that Planning Permission was obtained nothing was submitted to the Borough Council with respect to the removal of the wall and opening which I'm told is covered by Building Controls. Canterbury's current Installation Manager recently claimed that Building Controls were not applicable to the internal wall and suggested I contact the Planning Department of the Borough council, which I did. I was told that indeed Building controls were applicable to the wall's removal and to fitting the door in the former window gap. On informing Canterbury of what I'd found out they are now claiming that it was not their responsibility because there is no proof that I ever asked them to do it and is currently not their responsibility to obtain retrospective approval because UV-2 have gone into administration. The one upstand (pillar) and the concrete lintel that the builder inserted to support the first floor joists have been boxed in and a replacement kitchen fitted though decoration has not yet taken place. To assist them I informed Canterbury that there were areas that could be re-opened to allow building inspectors to check that work has been carried out correctly. They are not interested. All stage payments of the £19k project have been made with only £300 remaining outstanding.

Where do I stand with respect to:

1. The application of Building Controls to the wall and doorway?
2. Who has responsibility for their application - then and now?
3. Who is due the final payment, Canterbury or the administrator, bearing in mind that I have yet to be given the FENSA certificates, etc.? (Canterbury have said I will be sent them when the final payment is made. Canterbury will also honour UV-2's guarantees.)

Any other advice to enable me to successfully wind up this project will be appreciated.

Thank you,

isplumm

nomadic_saver wrote: »

Where do I stand with respect to:

1. The application of Building Controls to the wall and doorway?
2. Who has responsibility for their application - then and now?
3. Who is due the final payment, Canterbury or the administrator, bearing in mind that I have yet to be given the FENSA certificates, etc.? (Canterbury have said I will be sent them when the final payment is made. Canterbury will also honour UV-2's guarantees.)

Any other advice to enable me to successfully wind up this project will be appreciated.

Thank you,

Hi,

Not sure of your situation - but have you asked the building inspector to come round - do you know the one who inspected it originally? I would get one to come round & advise you want is needed .... then at least you will know what to go back to Canterbury with.

Mark

nomadic_saver

Thanks for the reply. UV-2, as far as I was concerned, was to take care of all permissions required. When the wall was removed we were at work (which we were for most of the project) so I've no idea if an inspector came round. The fact that UV-2 (now Canterbury) have admitted that no application was made by them would suggest that it never was inspected hence my predicament. I've talked to an inspector who told me that Building Regs will probably be applicable.

neilmcl

As the property owner, you have to take ultimate responsibility for any plannning persmissions required etc. Why not give you local building controls office a call and ask some advice from them. In my experience they are usually very helpful.

nomadic_saver

neilmcl wrote: »

As the property owner, you have to take ultimate responsibility for any plannning persmissions required etc. Why not give you local building controls office a call and ask some advice from them. In my experience they are usually very helpful.

I took your advice and the LA have been very helpful. I now have a copy of Planing Permission documentation (and some comforting assurances) and have applied for and received retrospective Building Controls authority for the removal of the wall. I've, therefore, done the leg work for Canterbury UV-2 but I'll deduct the cost from the final payment if it ever gets paid to someone as the 'company' has gone into administration a few times more since.