Outbuilding and Trouble with Builder

Bendy_House

'The can of worms' will likely be a very upset neighbour.
If you are going to try this route, then I think it may be best to explain to them in the most humble manner possible what happened, how appalled you are, and how you hope they can see fit to accept - and support - the retro-app?

fenwick458

I think it's perfectly reasonable for the builder to want paid for the extra work, you are paying them to lay bricks on top of each other, not to be an expert on the legal side of what you can or cant build

searchlight123

How much extra is the builder asking for this remedial work? If it's just going to be a small percentage (10%) of the overall build i would just get it done and get the project finished and retain your good neighbourly relations. If of course it's going to be a lot more expensive than that then go the retro planning route perhaps?

Bendy_House

From what we've been told, this builder - who SHOULD have known such a basic bit of info - did mislead the OP. Sadly, the ultimate onus is on the OP to know what they are doing. Unless they employed a professional to cover this aspect too - ie if the Archi had got this detail wrong, then I believe they could be tackled on it.

It would be an interesting one to play out in court - if the OP could demonstrate that the builder did say that 3m would be conforming, then what would the judge think about liability? Shared at least, I'd hope? Who knows.

Anyhoo, looks like the OP has two choices - one is to try and get the neighb on-side and then go for retrospective PP, and the other is to agree a deal with the builder to sort the issue. If this builders tries to let the OP take all of the liability and all of cost, then he's an 'ole.

BlueMickey

So I sought legal advice via my house insurance, and their advice was that this comes down to reasonable care and skill; and that as a novice in the situation we would be guided by the expert.

Also checked this with two friends who are builders, and both said that should be builders liability. One said when in doubt as a builder, refer to the drawings (of which there are none). So, whilst I am willing to contribute to the remedial work in order to save the hassle and get the build complete and have offered £750, the builder is unwilling to accept this and says I will need to foot charges of £1,500, representing just under 10% of the overall cost.

TELLIT01

If a customer asks a builder to construct the Leaning Tower of Pisa in their garden many will do.  Unless the builder is told that obtaining building regs approval / planning permission etc. is their responsibility, it isn't their problem.

My brother-in-law was asked to build an extension on a house and was actually told by the owner that they care about planning permission or any other regs.  Everything was constructed in accordance with building reg requirements, but beyond that it was the owner's problem if it came back to bite them.

stuart45

What would be the ceiling height if left as it is?

Bendy_House

stuart45 said:

What would be the ceiling height if left as it is?

"less than 2100mm"

Bendy_House

BlueMickey said:

So I sought legal advice via my house insurance, and their advice was that this comes down to reasonable care and skill; and that as a novice in the situation we would be guided by the expert.

Also checked this with two friends who are builders, and both said that should be builders liability. One said when in doubt as a builder, refer to the drawings (of which there are none). So, whilst I am willing to contribute to the remedial work in order to save the hassle and get the build complete and have offered £750, the builder is unwilling to accept this and says I will need to foot charges of £1,500, representing just under 10% of the overall cost.

I really don't know what to suggest about tackling the builder. I think it's utterly unfair that they are getting away with what is a basic level of knowledge for a builder. The guy didn't have to tell you what the regs were; if he didn't know (and he doesn't), then he should have either found out, or asked you to do so.

The annoying thing now is, if you pursue this with him, then you'll have bad scene for the rest of the job, and they might even walk. Bludy unfair either way.

The builder expects you to foot the whole amount?! Bludy 'ell.

If your LP advises you you do have a case, does that mean they'd pursue it for you too?

What roof style do you have? Why will there only be <2.1m inside when the out can be 2.5m? If it's a case of slightly reducing insulation levels - in the floor ideally, where losses are less - then could that be a solution? It might not conform with Build Regs, but why would it need to? It'll still be as cosy as a cosy thing.

benson1980

Who has who, over a barrel, so to speak? Does the outstanding/remedial work equate to more than you owe for the works?