BUILDING REGS

Terminator786

Hi all.

We had a kitchen extension built aroubd 5 1/2 years ago. Although we did not need planning permission at the time we still had the council come out to check and make sure building regs were followed. They signed off saying everything was ok. 

However we have had a damp problem on one off the cavity walls. The building was made of concrete block with rendering on the outside. As the building was built on the boundary line the rain gutter would hang over into my neighbours property. The builder suggested setting the roof back a little, put lead lining on the parapet and the rain gutter on top to solve the problem. But this has caused more than half the wall to be soaking. 

The builder is denying his work is wrong but 2 damp experts have been round and both say that the lead was not installed correctly and he did not put a damp proof membrane to prevent water ingress into the cavity. I have a third specialist coming over.

Now what do i do? Would the council come out and check if building regs were followed? Or do i go down the legal route to get the repairs done?

Aylesbury_Duck

Terminator786 said:

Hi all.

We had a kitchen extension built aroubd 5 1/2 years ago. Although we did not need planning permission at the time we still had the council come out to check and make sure building regs were followed. They signed off saying everything was ok. 

However we have had a damp problem on one off the cavity walls. The building was made of concrete block with rendering on the outside. As the building was built on the boundary line the rain gutter would hang over into my neighbours property. The builder suggested setting the roof back a little, put lead lining on the parapet and the rain gutter on top to solve the problem. But this has caused more than half the wall to be soaking. 

The builder is denying his work is wrong but 2 damp experts have been round and both say that the lead was not installed correctly and he did not put a damp proof membrane to prevent water ingress into the cavity. I have a third specialist coming over.

Now what do i do? Would the council come out and check if building regs were followed? Or do i go down the legal route to get the repairs done?

These bits jump out at me straight away.  Who are these "damp experts"?  Are they by any chance people who sell solutions to damp problems who have a vested interest in finding damp?

I'm sure there is a problem if you can see that the wall is soaking, but what you need is a decent builder, not a damp expert.  From what you've described, the regs were followed, but the original builder seems to have done the job inadequately.  I'd get a recommended builder to come out, inspect and give you a written report on what's wrong, what needs to be done and how much it will likely cost.  Then you speak to the original builder to get a solution, taking the legal route if you need to.

the_lunatic_is_in_my_head

Hello OP

6 years is the limit for making a claim on these things so if you want to attempt to claim anything from the builder time is running low  

Services must be carried out with due care and skill, where that doesn't occur you may request a repeat performance and if the service still has issues (or the builder refuses to correct the work) then a price reduction.

Alternatively you may seek damages under common law. 

In either case AFAIK burden of proof lies with yourself, as above "damp experts" can often be sales people, you'd ned the work independently inspected, ideally by someone with knowledge in the field who doesn't sell services to remedy the work. 

Ideally you'd be seeking the cost of putting the issue right. Is the builder an LTD? If so do they have assets to cover the value of a claim? Even when you win in small claims, getting someone to pay can be difficult. What kind of expense are we talking here to fix the work?  

If the idea used by the builder is correct but it's implementation is been carried out to a poor standard then hopefully correcting that should be a relatively minimal job, if the idea doesn't do the job of collecting rain water even after the lead work is redone then it's obviously going to become more complicated. 

TELLIT01

Building regs compliance doesn't mean that issues can't occur later.  If they did nobody would ever have a problem with a property.

littleboo

When did the problem start?

ArbitraryRandom

I'm a little confused that you say the council BC signed off at the time, so I'm not sure if you're saying they made a mistake then? Eitherway,

Aylesbury_Duck said:

I'd get a recommended builder to come out, inspect and give you a written report on what's wrong, what needs to be done and how much it will likely cost.  Then you speak to the original builder to get a solution, taking the legal route if you need to.

I agree with this (it's very useful to have a quote to give an idea of the scale of the issues) but a builder could also be accused of touting for work - if you think the builder is going to be difficult, the other option is an independent survey (RICS) and if the report is in your favour you can add the cost to your claim. 

As per lunatic, time limit for bringing most small claims is within six years of the date of the breach that gave rise to the small claim - in this case I'd say when the original work was completed - so you need the papers to be served before that date (i.e. file the claim online 14 days before the 6 year anniversary of the council signing off the job first time around). 

Ganga

Did it take over 5 years for the problem to appear or has this gone on since the extension was built? If from the start it might have been better to get the builder to repair his potential error.

Section62

Terminator786 said:

However we have had a damp problem on one off the cavity walls. The building was made of concrete block with rendering on the outside. As the building was built on the boundary line the rain gutter would hang over into my neighbours property. The builder suggested setting the roof back a little, put lead lining on the parapet and the rain gutter on top to solve the problem. But this has caused more than half the wall to be soaking. 

Who was responsible for the design?  If the neighbour wouldn't agree to a gutter overhaning their property then the next best solution would have been pitching the roof so the gutter was on one of the other sides - if possible.  If not then a proper solution should have been worked out before the builder started building.

Although the time limit on claims is 6 years this doesn't equate to a 6 year warranty on the work. If the problem has only recently manifested itself then the builder may be able to argue that the damp problem is caused by wear and tear or lack of maintenance.

Terminator786

Hi Guys

Thanks for all the input ill try and answer everyone.

1) The damp experts are people who survey and give me a report on what the problems are. They use different techniques to work out what is causing the issue but all have said the samething so far. 

2) The 6 year legal limit how do i go about it? What would i be claiming for  and under what law would would i make it? Ive never done anything like this so not sure. Could i use my home insurance legal cover to do it? The builder is a sole trader. Ive been quoted £900 for waterproofing the render and fixing the lead plus cost of lead

3) The problem started a year or so after ut was built but as it was newly painted and theirs a radiator right next to the damp patch i thought it was the heat peeling the paint off.