Builders retainer fee ?

Doozergirl

GrumpyDil wrote: »

Are you really sure you need planning? Building regs would make sense to me and as you mention it is a flat freeholder permission as well but I don't understand why you would need council planning permission?

Flats don't have any form of Permitted Development.

Everything needs full permission.

Doozergirl

Furts wrote: »

Suppose it turns awkward -solicitors and court involved. The contractor only has to say "When I arrived to start work the client informed me they had not made an application for Planning, neither had they made an application for Buildings Regulations. These procedures should have been in place before I arrived for work. I do not condone illegal behaviour, nor do I collude with it. I was compelled to leave the site. The "retainer" is witheld because I had no other work to fill the slot allocated to the client. I have suffered a loss of income as a resul of the client failing in their duties"


Judges have to weigh up matters, people, judgements, and use reasonableness. Having heard this from the contractor do you really believe a Judge would order the retainer be reimbursed to OP?

I'm inclined to agree. Not fair on the OP as their 'builder' has no idea what he's doing, but Planning and Building Regs are the responsibility of the home owner. If there was no agreement with the builder that they would take care of it (no idea why a builder would be expected to apply for planning permission for anyone) then the 'builder' is off the hook as a retainer is clearly insurance for the builder in case the date is cancelled - which happened.

We'd all like to take deposits but the good people don't because people like that do. Ordering the doors should be enough of a commitment from a client.

This is going to be an expensive mistake if the doors have been ordered and planning is refused.

All building jobs need some level of paid for, professional advice before starting. This needed clear conversation with Planning, with Building Control, with an architect (or similar), with the freeholder of the flat as they also have to give formal permission, and a structural engineer.

annie_cardiff

Hi and many thanks to all who contributed here. Just to clarify a structural engineer did advise on steels etc , we are the freeholder of the flat , this builder was not going to use steels he quoted for concrete lintels, that was when alarm bells went off and I got a structural engineer to take a look . I was naieve to think that a builder would give full advice on what was required legally and foolish to believe him when he said building regs only required him to take photographic evidence .........

Furts

annie_cardiff wrote: »

Hi and many thanks to all who contributed here. Just to clarify a structural engineer did advise on steels etc , we are the freeholder of the flat , this builder was not going to use steels he quoted for concrete lintels, that was when alarm bells went off and I got a structural engineer to take a look . I was naieve to think that a builder would give full advice on what was required legally and foolish to believe him when he said building regs only required him to take photographic evidence .........

I am as confused as ever over what has happened. This post adds to that.

Your Structural Engineer was not there to "advise". Their role was to "design" the opening. You should have a copy of that design and that is what you would have issued the builders for quotes. In turn you then inspect and manage wht the allocated builder does when they start work, You check they have the drawing fron the Structural Engineer. All this means your builder cannot be claiming concrete lintels are saticfactory. Why? Because these were not designed, these were not on the drawing and these were not requested by you.

You can see from all the answers that you have gone about matters in the wrong way. You need to focus on what you should be doing, in the correct sequence, liasing with all concerned then move forward.

You have still not said what size retainer was paid, nor whether your bi-folds are ordered. We do not know the size of your "loss" so cannot comment on whether it is worthwhile going after it. Even if it sounds worthwhile you are in a weak position.