House build issues

phill2-0-0-3

Hi I'm currently building a wrap around exstention onto a 3 bedroom end of terrace .
We made some changes and I was under the impression u can make anything smaller but not bigger .
I was misinformed .
We added a door and instead of 3 pitched roofs we put 1 pitched and a 20ft flat roof . 
The architect come out to measure for all the changes said he would get the approval then send the working drawings . 
After chasing a lot we had got the working drawings 5 months later . 
With all the changes .
We was at roof height at this point . 
So fast forward a few months and someone rings planning control about the front door being on without permission they must have looked online . 
So a planning officer has come round seen the roof aswell now they are demanding we change the roof to the drawings and remove the door and move the downstairs window over . 
And take into account this requires a whole new lintal .
The architect and builder are blaming each other . 
Planing did state the flat roof may have been allowed but it isn't done how they would like . 

(the external materials do not match;

- the new front door and 'fire break' in the walls make it look like a new build / end of terraced house;

- the flat roof at the rear is contrary to policy and visually unacceptable;

- the eaves height of the flat roof and way is cuts into the roof is unacceptable. ) 

The architect also sent a £2500 bill . 

Which I have yet to pay so I'm not sure what to do the changes will cost about £15-20k

Which I haven't got . 

I do understand my naivety on not keeping ontop of everything . 

I did say to my builder I want him to deal with everything . 

Also the architect come and measured for a build over for the drain asked for all the water company's numbers to contact them and would be InTouch when it's done . I kept asking him if it was done . 

And asking the builder as he was meant to deal with it . 

And they said nearly . 

To find out he hadn't even contact the water company when I phoned them and they had no idea months later .

They required the whole manhole removed . 

Which cost a few £1000 which the builder was meant to pay but said he never agreed that even though I have texts of it being agreed . 

And the architects manager said he only get the build over done if I pay £75 pH as he knew I was in trouble .

I dont think he realises the exstend that was down to his employe . 

Question is was he correct in sending out working drawings that wasn't approved ? 

Should I pay the amount due ? £2.5k

He said he charge intrest every month unpaid . Can he do this ? 

Many thanks 

Doozergirl

You started work before you had planning permission?  

Have you considered your own role in this? 

It's your responsibility to obtain planning permission before starting and your responsibility to adhere to it. 

AdrianC

Doozergirl said:

You started work before you had planning permission?

Then built something different...

Have you considered your own role in this? 

It's your responsibility to obtain planning permission before starting and your responsibility to adhere to it. 

Doozergirl

It's also your responsibility to make sure that Building Control Approval is sought and gained.  Your Build Over Agreement is part of that and, again, it needs to be approved before starting work! 

Do you have building control involved here? 

Your architect might be slow, but that never entitles you to go ahead.  I mean, there's no point even engaging an architect if you don't think that planning approval, working drawings or a build over agreement are necessary.  You'd have saved yourself £2,500 and screwed up equally.    They are due their fee.  Perhaps you can negotiate a discount based on the length of time things took, but it's a minimum of 8 weeks from the LA accepting the plans (which can often be some time after they have been submitted) and the architect bears NO responsibility for your starting or changing work without planning permission.  

A responsible builder wouldn't start without proper permission, but again, they have no responsibility for your not doing so!   Where's your contract or quote detailing what they have taken responsibility for?  

I'm struggling to see how they are responsible for paying for moving a manhole when you didn't have the outcome of the build over application or working drawings to quote properly from.  If they are paying for something, you are paying for it.  It isn't free.  

It wasn't naive, it was flouting the rules with reckless abandon.   

Sorry for being horribly harsh, but you need to stop passing the buck.  It stops at you.  

Ashworks

So you got planning permission then decided to build something different - that is your responsibility. Yes your architect and builder should probably have given you stronger advice, but at the end of the day you are the client and you instructed them to break the law. They are not responsible for you misunderstanding how the system works.

Your options here are likely to be either to change the building back to the original plans, or carry on (at your own risk) and apply for retrospective permission. The council may issue a formal Enforcement Notice, in which case you risk prosecution if you fail to comply. If you are refused permission you will need to change the building back to the original plans (or at least reverse those changes that are not permitted).
You might want to engage a Planning Consultant to help you.

There is a good explanation of the process here 
https://planningaid.zendesk.com/hc/en-us/categories/200527152-An-enforcement-officer-has-contacted-me

Planning Aid may be able to give you some free advice, and they have a register of consultants:
https://www.rtpi.org.uk/planning-advice/

csgohan4

the worry here is, the new build and you have not built in any flex in your budget. You can't afford the 15k  which is a worry.

Why start a project when you don't properly budget and do things outside of regulation?

TBG01

Doozergirl said:

Have you considered your own role in this? 

Come on now. That would be too easy.

I get the feeling OP has already drafted the negative Google Reviews for both the builder and architect, which will conveniently leave out the lack of planning permission and not paying for work already done.

theartfullodger

Own goal.  Err.  .. actually own goals .. 

phill2-0-0-3

Doozergirl said:

You started work before you had planning permission?  

Have you considered your own role in this? 

It's your responsibility to obtain planning permission before starting and your responsibility to adhere to it. 

I had planning permission yes 

AdrianC

phill2-0-0-3 said:

Doozergirl said:

You started work before you had planning permission?  

Have you considered your own role in this? 

It's your responsibility to obtain planning permission before starting and your responsibility to adhere to it. 

I had planning permission yes 

But not for what you actually built.

phill2-0-0-3 said:

Hi I'm currently building a wrap around exstention onto a 3 bedroom end of terrace .
We made some changes and I was under the impression u can make anything smaller but not bigger .
I was misinformed .
We added a door and instead of 3 pitched roofs we put 1 pitched and a 20ft flat roof . 
...
So a planning officer has come round seen the roof aswell now they are demanding we change the roof to the drawings and remove the door and move the downstairs window over . 
And take into account this requires a whole new lintal .
...
Planing did state the flat roof may have been allowed but it isn't done how they would like . 

(the external materials do not match;

- the new front door and 'fire break' in the walls make it look like a new build / end of terraced house;

- the flat roof at the rear is contrary to policy and visually unacceptable;

- the eaves height of the flat roof and way is cuts into the roof is unacceptable. ) 

phill2-0-0-3

Ok .
I had full planning permission granted . 
I agreed a price with the builder for complete job . 
Including all pluming electrics drainage ect ect .
States in the contract everything minus if a well was to be found . 
I was adviced I could make changes if needed but couldn't make the build larger only smaller . 
The builder stated he only allowed for a flat roof on the rear not pitched . 
So we spoke with the architect who agreed to make the changes needed . 
It was 5 months before we received the working drawings . 
Also the architect agreed to arrange the build over .
Oviously me and the builder checked up along the way .
But due to my personal situations before the build started I stated I wanted the builder to deal with everything which he agreed . 
He said he was dealing with it which he never did . 
I'm not in the trade I don't no how these matters are dealt with . 
This is my first exstention . 
I believed when I got the working drawings all was well . 
As I believe the same with the drain untill I contacted the water company to get the build over agreement to find out it had not been started . 
Then the architect demanded £75 a hour after this .
Unsure if this was done or purpose as I was stuck at that point . 
Also I have been adviced not to make the payment untill the matter is resolved .
I have never withheld any payments from anyone ever . 
He is charging intrest for each month unpaid .