reularising en suite

[edward23]

Hi,

My builder installed an ensuite without building regs. I didn't know they were required. How do I get myself out of the mess?

I sought legal advice and the solicitor told me that I have got an excellent case against the case as he is in breach of contract and the Supply of Goods and Services Act.

Ineed good expert evidence apparently.

Is there a way I can sort this out without resorting to a court action?

 

[tony1851]

As the householder, it is your responsibillity to ensure any statutory approvals which may be required are in place - not the builder's.
Your builder is not liable unless there was a specific undertaking that he would advise you of any Building Regulations requirements.
But it's not the end of the world. After two years, there's nothing the council can do about it anyway.
You can apply for a regularization certificate but it's costly. The Inspector will check the work (principally wastes, drains and ventilation), and if all's well, give you the certificate.
If anything doesn't comply, he can require you to correct it.

 

[Architexeter]

As Tony says you can apply retrospectively for an approval as a regularisation application. The main problem with doing it this way is that the building inspector can ask for elements to be opened up for inspection for example if a wall is removed and a beam installed and covered over he can ask for this to be exposed to check the beam is installed correctly.

In your instance hopefully things are pretty straight forward but that depends on if the building control officer. Hopefully the builder did do a competent job. Extractor fitted? Electrical work signed off by electrician?

Hope that helps.

 

[edward23]

Yes, I realise that I am responsible but i didn't know I needed it. He is a property developer and he must have known as he makes his living out of it.

The solicitor is a property law expert so she thinks that he has breached the Supply of Goods and Services Act as well a breach of contract ot o actually do the job properly and exercise a duty of care.

The builder didn't issue the certificate for electrics or ventillation. She says that whatever loss I incur in putting it right he is liable to compensate me for. Surely as a barrister, she should know waht she is talking about.

There are no beams involved or structural work apart from the weight bearing on the floor.

I trustetd this guy but he has deliberately deceived me.

 

[edward23]

Does anybody know how much retrospective legalisation costs?

 

[tony1851]

Does anybody know how much retrospective legalisation costs?

You can check on your council's web site. Look for 'Building Control' and follow links to charges.

 

[edward23]

I checked the council website and it says that it is both householder and the builder's responsibility to ensure that the law is complied with. I genuinely did not know but he did, so he deliberately deceived me.

ON another note, does anybody know if there are experts who check ventillation or is it an electrician who does it?

The solicitor asked me to get a building surveyors to check the rest? I would like to do these checks before involving the council so that I know where I stand.

Obviously if I sue the b..... I will need to fess up to the council.

 

[cjard]

So, no one's actively taking enforcement action against you at the moment, and the ensuite is not leaking/causing an issue..

..but you're running round desperately looking for someone to sue, with what aim in mind exactly?

 

[edward23]

Yes it is not leaking, but I dont know if the electric will kill somebody or not. I don't know whether it's safe or whether the floor will give way.
If somebody comes to harm I am responsible because I didn't do anything about it.

And the builder gets away scott free where the solicitor has told me that he is in the wrong.

He will also do it to other people. He is listed - I have since discovered- in the NICEIC website as not qualified to do electrics.

It's a tough bargain to sit still...

 

[edward23]

Does anybody know whether the regulations include the wall between the two rooms ie the en suite room and the adjacent room.

Is the council likely to want sound insulation for that wall. I have alerady found out that the studd wall within the room don't require it.


Would anybody know if the council is likely to take the whole thing out? [/quote]

 

[tony1851]

No; the sound-insulation regs don't apply to the wall(s) of an ensuite.

PS sorry, didn't read carefully; the wall between an ensuite and an adjoining room would need to comply.

 

[edward23]

can that be easily rectified given that there are tiles on that wall. how can it be done as a susequent remedial action?

 

[edward23]

alsowould any tradesman on here be able to tell me what would it roughly cost to bring the en suite work up to standard in the worst case scenario barring the removing of the structure?

 

[tony1851]

For stud walls, the requirement is either 50mm quilt between the studs and 1 layer plasterboard each side, or just two llayers plastrboard each side (and no quilt).
But some BCOs don't bother about this. Why not wait and see what they say (if anything) first?

 

[edward23]

I am aksing all the questions to weigh my options up.

I have just checked the adjoining wall and when I tap on it the sound is not hollow as on stud walls. Is there a chance that thsi is a brick wall and if it is would it need sound insulation?