Knowing my rights with seeking compensation for faulty building work

whitey14101

Our ground floor extension has recently developed water leaking from a couple of spotlights in the ceiling and pooling on the floor. Two Roofing companies we called out to investigate concluded that the pitch of the roof is well below the minimum 12.5 degrees pitch that is shown in the plan of the extension produced and approved by Building Control. The pitch is in the region of 6-7 degrees.

We moved into the house about 18 months ago which was after the extension had been built in 2007 and the issue of low pitch wasn't highlighted in the surveyors report (full structural). Repairing the leak looks like it's going to prove very costly so am looking at potential to claw some of this back if possible.

Is there anyone who could confirm for me what my rights are in this situation as surely a party is at fault here for allowing the extension to go ahead which doesn't meet the plans that were approved or should this have shown up on the survey prior to purchasing the house. Am trying to work which party we should approach first, Building Control, our Surveyor who carried out the survey or look to claim what we can on the home insurance ? Any advice here would be greatly appreciated.

System

does the house have any kind of guarantee? tbh I would say you're extremely unlikely to get anything from building control or the surveyor (have a look at the small print on the survey, any one I've seen pretty much makes the document completely pointless...)

teneighty

What is the weathering finish on the roof? Built-up felt, tiles, slates etc?

If it was shown as 12.5 degrees originally that is a very shallow pitch and only one make of roof tile can go that shallow.

If you've actually got 6 or 7 degrees that is incredibly shallow for a pitched roof but quite generous for a flat roof.

Once we know the roof finish we should be able to give a better idea of your options.

keystone

If the tiles or whatever are sound and waterproof theres a fair chance that what you have is rainwater being driven by the wind under the flashing and thence inside and running down until it finds an exit. You chances of recouping any of the cost of rectification are twofold slim and naff-all I suspect. The change of pitch from plan could well have been due to circumstances on site preventing the originally approved plan being implemented. Is there a completion certificate from BC? If there is then it must have passed BRs at the time and it was 7 years ago. Its not as if they finished it last week.

Cheers.

whitey14101

It's a tiled roof using Redland regent tiles which I believe are suited to low pitched roofs but the pitch is even below the minimum degrees recommended for using those. Sounds like there's not a great deal we can do to recoup any costs of rectification. So frustrating.

teneighty

I would say you have a very strong claim against your surveyor. That is a serious defect that would have been clearly visible when they undertook their inspection.

You should write to them setting out your claim but be prepared for an initial attempt to avoid liability. Be persistent and I think you should be successful. I would expect you will be looking at a complete new roof, including increasing the pitch if possible.

Potentially you could also have a claim against the original builder and the Building Control Department if they approved it and issued a completion certificate but that would be a difficult and expensive legal battle so probably not worth pursuing.

Good Luck