Outbuilding and Trouble with Builder

BlueMickey

Hi Everyone,

I could really use some advice. I recently entered into a contract with a family recommendation for someone to build a flat roof outbuilding in my garden, for use as an office / entertainment space.

To cut a long story short, whilst the bricks were going up we had a knock from a neighbour who was concerned about the height of the building. We explained we were going to maximum permitted development height of 3m; based on the advice of the builder. My wife later does some digging, and we belatedly realise (after checking with our architect) that the maximum build height when within 1m of neighbours boundary is 2.5m.

We have asked the builder to take the roof height down to the maximum allowed, fine. The issue now is that the floor height means that the finished floor to ceiling will be less than 2100mm, which really is the min reasonable height. To achieve this, will mean redigging out the floor, concrete and floor insulation and relaying it all again to achieve a height of 2100mm inside. The builder wants to charge me for this. 

What can I do here? I've never been in this situation before, have a heavily pregnant wife who is so upset about the situation and have already parted with 11k (of the 17,250 agreed). Do I need to seek legal advice?

We have exchanged a number of emails with the builder, and they are covering their back and being economical / twisting the facts as to the agreement (our contract makes no mention of building height) and we went on his recommendation to go to 3m which was found to be incorrect. Help please!

pramsay13

I think unfortunately it's still your responsibility to check what is permissible and instruct the builder accordingly so if adjustments are made you will need to pay for it. 

SuperHung

Depends what type of roof you are going for.

Outbuildings must be single storey with a maximum eaves height of 2.5 metres and maximum overall height of 4 metres with a dual pitched roof, or 3 metres in any other case.

Section62

SuperHung said:

Depends what type of roof you are going for.

Outbuildings must be single storey with a maximum eaves height of 2.5 metres and maximum overall height of 4 metres with a dual pitched roof, or 3 metres in any other case.

"If the outbuilding is within 2 metres of the property boundary the whole building should not exceed 2.5 metres in height."

https://ecab.planningportal.co.uk/uploads/miniguides/outbuildings/Outbuildings.pdf

Section62

BlueMickey said:

To cut a long story short, whilst the bricks were going up we had a knock from a neighbour who was concerned about the height of the building. We explained we were going to maximum permitted development height of 3m; based on the advice of the builder. My wife later does some digging, and we belatedly realise (after checking with our architect) that the maximum build height when within 1m of neighbours boundary is 2.5m.

Did the architect have any involvement in the design or location of the outbuilding before you checked this detail with them?

BlueMickey

Section62 said:

BlueMickey said:

To cut a long story short, whilst the bricks were going up we had a knock from a neighbour who was concerned about the height of the building. We explained we were going to maximum permitted development height of 3m; based on the advice of the builder. My wife later does some digging, and we belatedly realise (after checking with our architect) that the maximum build height when within 1m of neighbours boundary is 2.5m.

Did the architect have any involvement in the design or location of the outbuilding before you checked this detail with them?

No unfortunately not. We are using the architect for an extension, and only checked after the fact - going on the assumption that the builder would be fully aware of the regulations having done these things in the past. Naive I know. 

Section62

BlueMickey said:

Section62 said:

BlueMickey said:

To cut a long story short, whilst the bricks were going up we had a knock from a neighbour who was concerned about the height of the building. We explained we were going to maximum permitted development height of 3m; based on the advice of the builder. My wife later does some digging, and we belatedly realise (after checking with our architect) that the maximum build height when within 1m of neighbours boundary is 2.5m.

Did the architect have any involvement in the design or location of the outbuilding before you checked this detail with them?

No unfortunately not. We are using the architect for an extension, and only checked after the fact - going on the assumption that the builder would be fully aware of the regulations having done these things in the past. Naive I know. 

Did the builder give any of his advice in writing, or was it just in conversation?

If nothing in writing then I have a feeling the best you can hope for is negotiating with the builder to share the cost of the additional work on a goodwill basis.  Otherwise you'll be needing to prove what he said whilst he claims you instructed him to build to that height.  The botton line is it is the houseowner's responsibility to comply with planning and building regs requirements.

As you know now, relying on the advice of the average builder isn't a good idea when it comes to the legalities of building.

BlueMickey

Unfortunately no not in writing; the only thing in writing is the contract - but no height mentioned in that. The builder was adamant we could go to 3m, and we took his word for it. I do have recordings of conversations which I began to record at the point we were running into this mess for my own peace of mind. 

Does this not come under the banner of them taking reasonable care and skill?
 

FreeBear

Another option is to make a retrospective planning application. But that may open up another can of worms.

Doozergirl

Why is the solution here not to apply for planning permission to a reasonable adjustment in height by 20cm or so? 

I'm not sire it opens another can of worms, it only seems to open the one you think you're already facing with the floor.  

What are the other dimensions of the room?  Is it so bad with a lower height? It isn't in the house.  It might be a problem if you teach yoga.  

BlueMickey

The room isDoozergirl said:

Why is the solution here not to apply for planning permission to a reasonable adjustment in height by 20cm or so? 

I'm not sire it opens another can of worms, it only seems to open the one you think you're already facing with the floor.  

What are the other dimensions of the room?  Is it so bad with a lower height? It isn't in the house.  It might be a problem if you teach yoga.  

Is applying for permission a possibility? I thought it would be rejected outright?

If it is an option we could do it, timing could be an issue but I don't mind having to wait if it means getting a better product.

The room itself is 6m width x 5m length. Everywhere I've searched says 2100mm is the min height you really want to go to.