building regs mistake

[handygdog]

Hi all

I bought a flat which didn't have building compliance (solicitor didn't pick up on it but that is a different matter). The council sent a list of things they would be concerned of. I got an engineer in to check different issues. One of them was support for a chimney stack after the breasts below were removed by previous owner 8-9 yrs before - he didn't think there was enough support and designed a solution which was sent into the council. My contractor suggested something more efficent and less disturbing. I didn't know what to do so asked the council to come over and check the current situation in the house and let me know what other things needed to be done. We opened up all over the flat so he could see steel work etc. When he came to the chimney he had a look up and said ok.
This obviously made me happy. After the visit I wrote to him and listed all of the things he said needed to be attended to. This did not include the chimney - he confirmed that once the snag list was complete he would issue the compliance cert.
I did all these things and he has signed off. My concern is that he made a mistake and unwillingly okayed something which shouldn't have been and that the engineer didn't like. At the end of the day I was exstatic to get compliance but what liability is there should something go wrong after I've sold the flat?
Thanks

 

[oldbutnotdead]

Remarkably proactive council you have- or did they see scaffolding up and knock on the door?

Anyhow, don't worry about liability- you have discharged your legal duty (actually above and beyond given how long the non-notified works had been in place), once you sell the place then (as long as you have been truthful in answering any direct questions from purchaser and their agents and in completing the vendors questionnaire) anything and everything becomes the new owners' problem.

 

[^woody^]

The council is not liable for non compliance with the building regulations despite any completion certificate being issued. It even says so on the certificate.

As the homeowner, you are responsible for this non compliance, and as you know about this, you have a responsibility to rectify it and to disclose it to any future buyer.

 

[handygdog]

Thanks for your reply. The fact is I don't know if it didnt comply. The engineer wanted certain works to be carried out but I showed the building control surveyor the current state of the support (through opening up) and he said ok. It's a rock and a hard place

 

[^woody^]

But the duty is on the applicant to ensure compliance, not the inspector.

 

[handygdog]

Then what's the point of them!?

 

[KenGMac]

handygdog, Hi.

The elephant in the room is that any competent Engineer will have kept an eye open widely at his Professional Indemnity INSURANCE

If the Engineer gets it wrong he will be liable so the upshot is that the competent Engineer will by necessity, shall we say at times over design? simply to ensure that whatever advise he tenders will not fail, structurally.

Upshot is that the B/C has passed as fit for purpose all the requirements requested, you are in the clear, but record if possible any conversations you have had with the B/C Officer, or get a confirmation that the B/C Officer has passed everything that was requested

Ken

 

[handygdog]

Thanks for your reply.
I do appreciate that the engineer may have gone over the top but who's to say he didnt!
I have email correspondance with me stating to the b/c what I believe he wants to have done after a site visit/inspection. He wrote back confirming that if those works are carried out then he is will sign off (despite the fact that we didn't do the engineers recommendations). Which he did.