3rd Party Building Regs Co - threatening to pass back to Council

[Xyzzy]

Afternoon All,

The builder who did my building work "suggested" I use a 3rd party company for my building regs rather than the council as he said it would be a "smoother process". So went with his recommendation.

On their last visit before he left site they listed out the items which needed to be completed prior to final approval being given.

The builder completed some but but but not all items, as he said the remainder were down to me and outside of his scope for the works. He advised I had 2 years to complete the items.
(He wasn't down for the interior components - fitting new doors, smoke alarms, and an extractor in my kitchen and the old bathroom which is now a utility and has has the window blocked up.

Roll on 5 months and the 3rd party company have written to me threatening if the items aren't completed within 2 months they have no choice but transfer the issue back to my local council; at my cost.

They are citing the fact we have moved back into the house which we haven't and have advised them of on numerous occasions. They don't respond then send another email... verbally they have said they need to close my file.


Are they correct in their assertions? I have limited time to complete the items? - is this documented in the regs?

Do I need an extractor in the utility room - it will still have a toilet and basin.

There is no kitchen as yet - so no extractor for that fitted and is unlikely to get fitted within the time frame.




Many thanks for any advice.

Steve

 

[tony1851]

Most councils expect building work for a domestic extension to take no more than about 12 months from start to completion, otherwise their liability for site visits is open-ended. Presumably private inspectors will take the same view.
If your inspector issues a reversion back to the local authority, the latter will charge handsomely, and some work may need to be uncovered to check compliance. You should try and comply with your private inspector's request and get a move on.

 

[noseall]

You should try and comply with your private inspector's request and get a move on.

Correct. It's not as though they are asking the OP to donate a kidney or solve the energy crisis.

 

[Xyzzy]

Thanks for the information and feedback.


To update:

Having been actively attempting to get everything completed in time I finally got past the admin dept and had a conversation with an inspector at the building regs company - who has confirmed:

If the works are on going (ie just because a contractor has left site does not constitute completion), only once the property is occupied and no final inspection/certification has been performed to validate any outstanding items, then the notice period is applicable.

No mention of the expectation of 12 months to complete, as planning permission is valid for 3 years.

So in my case they have now correctly documented there is no occupancy, so no notice period. The works continue.


Steve

 

[tony1851]

Thanks.
I wonder if private inspectors are happy to push the work back to LABC - at your expense - so that it absolves them of any responsibility should things go wrong in the future.
In other words, they have your fee, but not the responsibility?

 

[Nakajo]

Planning permission is indefinite, as long as commencement takes place within 3 years

 

[noseall]

Planning permission is indefinite, as long as commencement takes place within 3 years

Thanks. But, what has that got to do with Building Regulations and this thread?

 

[Nakajo]

The point is that project completion is open-ended

 

[^woody^]

Once the application is in, the applicant has three years to start the work. Once started there is no end date.

Within the Approved Inspector regulations there are provisions for when the notice ceases to be valid or the AI can cancel the notice and the application passed back to the council. Occupancy of the extension, or failure to rectify contrventions within a specified period are two valid reasons for the application to be passed to the council.

 

[MarkBarl]

Having been actively attempting to get everything completed in time I finally got past the admin dept and had a conversation with an inspector at the building regs company - who has confirmed:

If the works are on going (ie just because a contractor has left site does not constitute completion), only once the property is occupied and no final inspection/certification has been performed to validate any outstanding items, then the notice period is applicable.

No mention of the expectation of 12 months to complete, as planning permission is valid for 3 years.

So in my case they have now correctly documented there is no occupancy, so no notice period. The works continue.

Did you get this in writing. It sounds as if the admin for the 3rd parts guys are a bit disonnected from the inspectors. I'd want to have written confirmation of what they said.

 

[Xyzzy]

I was asked to send a confirmation email with regards to no occupancy, I mentioned the three years in it also.

I received an email not stating what I was told but was good enough to provide breathing space to get the required items done: The reply from the inspector stated as I was not at the property they would review the situation again in 3 months.

I don't want to drag it out as we want to get back into the property, but finding decent trades people for small pieces of work is somewhat troublesome, so falls on myself to remediate and with work commitments means a couple of evenings and one day at the weekend = slow progress.