Building Regs Approval missed by solicitor

chrisyb

Now I need to work out how to take action against the solicitor as they are trading under another ltd co (the other went bust). I guess a call to the law society is in order?

Richard_Webster

I don't entirely agree with TimmyT that it is just idiot factory conveyancers who insist on Building Regulation policies for 10 year old works. It is idiot mortgage lenders!

The CML Handbook Part 2s of many lenders require us to go back without limit in time to check for possible contraventions. So if we report that there is a 15 year old extension which the lender's surveyor has noted, but no adverse comments about it I have still had lenders requiring us to take out a policy.

They seem to be blinkered on some things but not on others. I have in the past reported potential environmental nasties shown on an environmental search to Abbey National (before they were taken over) and they simply said they weren't interested in the results of such searches!

HSBC when asked (i don't know if I will be asking them much in the future) about a 20 year old extension once said we should consider policies if we felt they were necessary. I didn't, but still warned the client that when he sold the point might come up again. However a lot of lenders seem to insist on such policies routinely.

chrisyb

So law society don't seem that bothered and refered me to the ombusman so not sure what to do now. Anybody know of any solicitors that may want to take this on?

DannyboyMidlands

Before expending too much time and energy on finding somebody to sue, wouldn't it be better to investigate the work and find out for sure what, if anything, needs sorting out. It could be minimal and cost less to fix than you'd pay out in solicitors fees.

chrisyb

That I am doing (having a structual surveyor and Architect round today). This is obviously costing me a fair chunk of money, not to mention the lost house sale, solicitors fees and the cost to put right (could be thousands). I think I am well within my rights to try and get compensation for this.

sonastin

chrisyb wrote: »

So law society don't seem that bothered and refered me to the ombusman so not sure what to do now. Anybody know of any solicitors that may want to take this on?

Law Society won't be bothered because the Ombudsman was set up precisely to deal with this sort of thing - you should refer your complaint to them and let us know what they have to say about it.

chrisyb

Ok, the ombusman referred me to the solicitors regulation authority, who stated I needed to write to the partner (who is now in another company) with my issues and what I expect them to do.

Now the structual engineer and architect has been in today, the atic would not comply with building standards, the chimney breast is not sufficiently secured and the biggie flagged up by the architect is the fire regulations.

Because the downstairs room has been knocked through and a new staircase put in the staircase is not enclosed to allow an escape route in the event of a fire. This will no way pass building controls, is potentially unsafe for my family in the event of a fire and to correct will involve a massive ammount of work (maybe rebuilding the walls). If the structure of the attic is not fundemantaly sound then this will need strengthening.

The buyers have pulled out and I am also going to lose the house that we are in the process of buying:(

Timmy, what do you mean I have a duty to mitigate the loss? Sorry not familar with this.

So what to do now, I guess a letter to the solicitor will be better coming from a litigation specialist, rather than myself, but again how much is this going to cost and will I get the brush off?

mufi

chrisyb wrote: »

letter to the solicitor will be better coming from a litigation specialist, rather than myself, but again how much is this going to cost and will I get the brush off?

We had a recent (reluctant) brush with a litigation solicitor, senior bod in well-respected city centre firm, East of England, who charged £500 per hour. Try and get a recommendation, and set-rate initial meeting.

The final bill for half a dozen letters, one meeting, several emails and two telephone conversations came to just under £1,000.

Good luck, but doesn't the time limit apply, ie you are now outside the six year limit?

chrisyb

I have no idea about this six year, but just looked up and it says;

The limitation period runs from the date of the alleged negligent act, or the date on which you suffered loss. It is not always straight forward determining what this date is.

I assume that the potential loss will be from around now?

chrisyb

further reading:

• What if the six-year period has expired and I have only recently discovered that my Solicitor/Accountant/other professional may have been negligent?
  • The law stipulates that, in certain circumstances (i.e. where s period of time elapses before you become aware of facts that may give rise to a claim), you may be entitled to issue Court proceedings up to three years after expiry of the limitation period.