Builder problem - how long can they take to fix?

cjno1

Thanks G_M, that's helpful

davidmcn

Also bear in mind that this is something your solicitors ought to have spotted when you bought - any explanation from them about why they didn't?

Not clear from what you've said what the defect actually is - you said it's a narrow strip between your block and the road, but is the problem that your block is actually built on it? Or is it just crossing an access route or something like that?

cjno1

davidmcn wrote: »

Also bear in mind that this is something your solicitors ought to have spotted when you bought - any explanation from them about why they didn't?

Not clear from what you've said what the defect actually is - you said it's a narrow strip between your block and the road, but is the problem that your block is actually built on it? Or is it just crossing an access route or something like that?

Yeah, the block is actually built on that strip of land. It is an area about 8m x 2m which, if the building had been built in the correct place, would have been a narrow strip of grass between our block and the pavement.

And I agree, I think the lawyers are at fault here too, something I'm pursuing separately.

davidmcn

cjno1 wrote: »

Yeah, the block is actually built on that strip of land. It is an area about 8m x 2m which, if the building had been built in the correct place, would have been a narrow strip of grass between our block and the pavement.

And I agree, I think the lawyers are at fault here too, something I'm pursuing separately.

Ok - actually I suppose it depends whether the builders built it where they were meant to, if they plonked somewhere different from what the plans said then it may be purely their fault!

agrinnall

davidmcn wrote: »

Ok - actually I suppose it depends whether the builders built it where they were meant to, if they plonked somewhere different from what the plans said then it may be purely their fault!

Although surely the council must have some responsibility, don't they need to sign off major work such as building a block of flats after the work has been completed?

davidmcn

agrinnall wrote: »

Although surely the council must have some responsibility, don't they need to sign off major work such as building a block of flats after the work has been completed?

Only in relation to whether it complies with building regulations. Building in the wrong place would be a planning enforcement matter.

stator

Your original solicitors wouldn't be expected to go out and measure the position of the building in relation to the plans and neither would your surveyor, so the fault is entirely with the builder.

martinsurrey

stator wrote: »

Your original solicitors wouldn't be expected to go out and measure the position of the building in relation to the plans and neither would your surveyor, so the fault is entirely with the builder.

Not quite, as part of the conveyancing process I have always been presented with a land registry plan and been told that this as as per the land registry, and that I should ensure this accords with reality on the ground.

so the builder has messed up, but the OP bought the mess!

G_M

Hmmmm, yes.

Seems like the OP failed to compare the LR Plan with the actual site before buying. His solicitor would have been guided in this by the OP as soliciors don't do house-calls, whereas their clients do visit the property in question.

The only reason the solicitor would be responsible would be if the matter had been brought to his attention by either

* his client(OP)
* the seller
* the freeholder
* the Land Registry (eg if there was a relevant note on the Title)
* the council
* someone else

I suspect to make a claim against is solicitor, OP would have to prove that the solicitor knew of the problem and ignored it.

cjno1

G_M wrote: »

Hmmmm, yes.

Seems like the OP failed to compare the LR Plan with the actual site before buying. His solicitor would have been guided in this by the OP as soliciors don't do house-calls, whereas their clients do visit the property in question.

If the building was on the right place on the land registry docs, but was built somewhere different to that, then that's not the lawyer's fault (as they don't do house calls, like you say). But if the plan showed the building straddling council land then I think they should be liable, as I'd expect them to check that for me in the conveyancing process. So all I have to do is look at the original documentation on which they carried out conveyancing (which I'm in the process of doing).