Can Building Control be held responsible for subsidence?

HELGEN13

Hello,

Long story short...

We (a small building company) erected a porch, through a local authority, back in 2018. There was an existing upvc one there already which we dismantled. We informed building control, they came and inspected the foundations/slab that was already there, and told us than rather excavating and making new foundations, that the slab that was there already would be fine to build off of. We built the porch and everything was signed off and all good. Until we hear in 2021 that the porch has had some movement. The local authority are blaming it as a latent defect and that we need to rectify the damages either by under pinning or demolition and rebuilding. 

I contacted building control under the freedom of information act, and they report "According to our records we did not attend site for a foundation visit for the porch. We did visit on 24.1018 for a general visit but there is not any notes on the foundations. The visit on the 13.12.18 was for a Completion visit." Surely if they didn't check the foundations they wouldn't have issued a completion certificate? The local authority won't have anything to do with building control (even though they are under the same roof) as they say that they employed us and we deviated from the SOW. 

We have proof of the mini digger hire and cancellation and the concrete lorry turning up and being turned away as it was no longer needed. 

The local authority are now pressing with legal proceedings and as a small family business we are in need of advice! Can we take on building control and get to pay for the damage costs?

(We're in contact with our insurances but are yet to hear their decision)

Any help/advice would be much appreciated.

Simes122

I doubt it - Building Control are not the designers of the project.    You have assumed that role on behalf of your client.   Building Control are governance - to ensure minimum standards are met (at least); not design.    I suspect you won't get anywhere with this tack I'm afraid.