Dodgy windows and no building regs!!

Anne25_2

So just under a year ago we got a builder to do some work on our home. Main job was new windows and doors throughout plus new lintels. Our property is a 1920s semi with the original brick lintels!

Long story short - we had a surveyor carry out a “specific defect report” last month as a lot of cracks have appeared around the window in one of the bedrooms. This started shortly after the new windows and lintels were fitted. Anyway the survey states that NO new lintel has been installed here and that the original brick lintel has failed and needs to be fixed! We thought this work had already been carried out by the builder at time of fitting window.

We have tried contacting our builder for clarification on this. Apart from a couple of missed calls (when we call back he doesn’t answer) he has not replied to any messages or emails.

Surveyor also advised us that we should have got building regs for the new windows and doors - as our builder was not FENSA regulated! We didn’t know this at the time.

According to the GOVT website - builder can be prosecuted for failing to obtain regs and incorrect installation etc... however there can be implications for home owner too! We can be ordered to remove and replace all windows and doors etc and re-install with proper regs etc!

My question really is - what action can we take against builder without it back firing on ourselves?? I assume this is why he may be dodging our calls? Can we order he fixes/installs the lintel and gets “retrospective building regs”, can we threaten court action against him etc??

Help!!

Davesnave

Anne25 wrote: »

Can we order he fixes/installs the lintel and gets “retrospective building regs”, can we threaten court action against him etc??

Help!!

You can't order other people to do anything. Threatening court action is also premature unless you have given them a chance to rectify work first.

Do you have an address for the builder? Writing is more effective than ringing, as you've discovered. It also helps create a paper trail.

What paperwork do you hold which shows clearly the contract between you, what it entailed and, by implication, how it has been broken?

Work has to be fit for purpose, but when a complaint is raised it helps if the agreement you came to is clear.

Anne25_2

Davesnave wrote: »

You can't order other people to do anything. Threatening court action is also premature unless you have given them a chance to rectify work first.

Ok well let me re-phrase that: "Can we ask him to fix it?" which is exactly what I meant anyway.

I have no intention of threatening court action today. Of course I would like him to rectify it. The whole point of my post is that I'm looking for advice on which actions I can take to prompt him to do something.

Aylesbury_Duck

Davesnave wrote: »

What paperwork do you hold which shows clearly the contract between you, what it entailed and, by implication, how it has been broken?

OP, you need to answer this so we can help you.

Anne25_2

Unfortunately not a lot!!

AndyMc.....

You were told last year if you didn't use a fensa although I believe they call themselves something else now, company you'd need to sort the building regs.

https://forums.moneysavingexpert.com/discussion/5806264/new-windows-and-fensa

Mistral001

Did the builder receive instructions from you to replace the lintels? If he did and he did not replace the lintels then there is a breach of contract and you do not need any clarification from the builder for anything. All you need to know is will he come back and do what he was contracted to do in the first place. If he absolutely refuses, then I would see a solicitor. I would not threaten court action until you see a solicitor. The report that you have from the surveyor will be paramount in getting the problem resolved. Discuss with your solicitor about sending the report to the builder before threatening court action.

Strickly speaking replacing lintels is a structural alteration and hence needs Building Control Approval. Getting this approval is down to you and not the Builder. Note some Building Control authorities might see replacing lintels as not a structural alteration but just maintenance, so I do not think that it would do any harm to ask your Building Control Authority on this matter.

AndyMc.....

Mistral001 wrote: »

Did the builder receive instructions from you to replace the lintels? If he did and he did not replace the lintels then there is a breach of contract and you do not need any clarification from the builder for anything. All you need to know is will he come back and do what he was contracted to do in the first place. If he absolutely refuses, then I would see a solicitor. I would not threaten court action until you see a solicitor. The report that you have from the surveyor will be paramount in getting the problem resolved. Discuss with your solicitor about sending the report to the builder before threatening court action.

Strickly speaking replacing lintels is a structural alteration and hence needs Building Control Approval. Getting this approval is down to you and not the Builder. Note some Building Control authorities might see replacing lintels as not a structural alteration but just maintenance, so I do not think that it would do any harm to ask your Building Control Authority on this matter.

So is replacing windows.

Blackbeard_of_Perranporth

Just to add clarity!

Anne25 wrote: »

My boyfriend has a builder friend who can fit windows. We’ve had 2 companies round to quote for supplying the windows and both have mentioned that the person who installs them has to be FENSA regulated. We don’t think he is.

Aylesbury_Duck

Anne25 wrote: »

Unfortunately not a lot!!

Ok, but what DO you have?

As others have said, it appears you knew last year that your installer was not FENSA regulated, so why are you now claiming you didn't know?

Anne25_2

Hi everyone, thanks for your replies!

Yes I asked the question last year and can see I was told a couple of different things, was also assured by said builder and my partner that building regs/FENSA was not really a requirement and had "never been a problem before".

May I add that I was heavily pregnant at the time, had just lost my job - and we needed new windows ASAP!! I can see now exactly WHY we should have gotten the Buiding Regs, but as they say "hindsight is a wonderful thing!"

I am looking for information and help now on how we can move forward from here please? People quoting me from a year ago isn't really helping is it? Our surveyor has advised me that we can get "Retrospective Building Regs" but we will need the job doing properly first before it will get signed off of course.

The problem is that our builder is not being co-operative in any way, will not even answer the question as to "did you fit a lintel in this window here or not?" never mind making arrangements to come back and fix anything! I am worried that if we go above his head then it may back-fire on us in some way.

To re-iterate, my question is - how is this best dealt with?

Thank you Minstrel001 for your constructive advice! Any more would be most appreciated.