Mislead about building control

[Hermanowl]

Hi All,

I have recently had an orangery built on the back of my house which required planning permission and building control. The builder I chose told me that the price included fees for both and that they would deal with it all.

The orangery is basically built now and i owe the builder the remaining instsallmet. However, a couple of weeks ago the roof started leaking which was bad enough, the builder has not really done anything about it yet and I have become a bit suspicious of them to the point where I rang building control to check that it had gone through them only to find out it hasnt! They have explained about recontructive applications which I aacept I will have to go through but its going to be a nightmare.

The thing that irks me is that at the beggining of the project when the footings were dug I specifically asked the builder if the inspector had been up and he told me he had and everything was fine, infact hes told me on several occasions he's been up to check various stages and everything is fine!

How do I play this with the builder and get him to cough up for what could be a very expensive retrospective approval? My fear is I dont owe him much money and he's just going to run a mile when he finds out that I know hes conned me?!

 

[freddiemercurystwin]

Anything in writing? What kind of contract did you have? Written or verbal? Did it definitely need Planning and Building Regs approval? You mentioned he would deal with planning too but you haven't mentioned anything else about this aspect?

 

[Hermanowl]

Anything in writing? What kind of contract did you have? Written or verbal?

Got a written contract, but it doesnt say anything about planning permission or build regs........I realise that I have dropped a major clanger there but they sorted planning permission so I didnt feel any need at the beggining to suspect they wouldnt sort build regs. If anything they were obsessed about quality and building regs and doing the job right!

 

[Hermanowl]

Anything in writing? What kind of contract did you have? Written or verbal?

Got a written contract, but it doesnt say anything about planning permission or build regs........I realise that I have dropped a major clanger there but they sorted planning permission so I didnt feel any need at the beggining to suspect they wouldnt sort build regs. If anything they were obsessed about quality and building regs and doing the job right!

and yes it did need planning and build regs due to size, drop at neighbours side and not having over a certain percentage glazed.

 

[^woody^]

Nothing has to be in writing.
Obviously avoid paying any more to the builder until it is all sorted.

It is ultimately your liability if planning and building regs are not adhered to, but as you entrusted the responsibility for applying and dealing with these to your builder (who was effectively your agent) then you could reclaim any costs in getting your approvals and remedial work from the builder

If it helps, one of the ways to make this orangery exempt from building regs would be to have separation from the main house - eg keep some external grade doors between the two

 

[freddiemercurystwin]

Nothing has to be in writing.

Yes that's true but a signature, whilst it can still be disputed, is harder to deny than the spoken word.

 

[Hermanowl]

Nothing has to be in writing.
Obviously avoid paying any more to the builder until it is all sorted.

It is ultimately your liability if planning and building regs are not adhered to, but as you entrusted the responsibility for applying and dealing with these to your builder (who was effectively your agent) then you could reclaim any costs in getting your approvals and remedial work from the builder

If it helps, one of the ways to make this orangery exempt from building regs would be to have separation from the main house - eg keep some external grade doors between the two

I have got external quality doors from the kitchen into the orangery, but the builder told me I still needed building regs because the total amount of glass in the orangery is less than 50% of the total size so it does not fall under conservatory rules?

 

[freddiemercurystwin]

That was one of the ways conservatory's used to be classified in terms of complying with building regs. The regs were amended on 1 October 2010, its slightly more complicated than that now. Effectively:

It is all taken care of within Part L1B Existing Dwellings, no need of any special notes or other LABC blurb. http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

If the conservatory complies with 3.15 (and 3.16) it will be exempt from the regs no matter how much or little of its roof or walls are glazed. Building such a conservatory is not notifiable.

If it does not comply with 3.15 it must comply with 4.8, there is no limit on how much or little of its roof or walls are glazed. Whilst it must comply with the regulations stipulated within 4.8 building such a conservatory is not notifiable.

If it does not comply with the above it is not exempt from Building Regulations Approval and to become a lawful development Building Regulations Approval from the LA or an Approved Inspector is required.

Which was originally a post from this thread where classification of a conservatory was discussed in depth: //www.diynot.com/forums/viewtopic.php?t=278544&start=0

So technically it begs the question when was it built?

 

[Hermanowl]

That was one of the ways conservatory's used to be classified in terms of complying with building regs. The regs were amended on 1 October 2010, its slightly more complicated than that now. Effectively:

It is all taken care of within Part L1B Existing Dwellings, no need of any special notes or other LABC blurb. http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

If the conservatory complies with 3.15 (and 3.16) it will be exempt from the regs no matter how much or little of its roof or walls are glazed. Building such a conservatory is not notifiable.

If it does not comply with 3.15 it must comply with 4.8, there is no limit on how much or little of its roof or walls are glazed. Whilst it must comply with the regulations stipulated within 4.8 building such a conservatory is not notifiable.

If it does not comply with the above it is not exempt from Building Regulations Approval and to become a lawful development Building Regulations Approval from the LA or an Approved Inspector is required.

Which was originally a post from this thread where classification of a conservatory was discussed in depth: //www.diynot.com/forums/viewtopic.php?t=278544&start=0

So technically it begs the question when was it built?

Building started in May this year? Sorry, trying to get my head around what uve put?! Does that mean it does or doesnt need build regs??!!

 

[freddiemercurystwin]

Err, well follow this, we are not familiar with the finite design/installation of your conservatory so you will need to have a little read up yourself, its not that daunting you only have to read the bits I've said to read.

Open this document http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

If your conservatory complies with 3.15 (and 3.16) it will be exempt from Building Regs no matter how much or little of its roof or walls are glazed. Building such a conservatory is not notifiable.

If it does not comply with 3.15 it must comply with 4.8, there is no limit on how much or little of its roof or walls are glazed. Whilst it must comply with the regulations stipulated within 4.8 building such a conservatory is not notifiable.

If it does not comply with the above it is not exempt from Building Regulations Approval and to become a lawful development Building Regulations Approval from the LA or an Approved Inspector is required.

Come back after you've read the appropriate sections with any questions.

 

[jeds]

Basically, If your orangery is less than 30 square metres, is separated from the main house by external doors and is not connected to the main house heating system then it doesn't need building regs. The amount of glass is irelevant in the above case.

 

[Hermanowl]

Basically, If your orangery is less than 30 square metres, is separated from the main house by external doors and is not connected to the main house heating system then it doesn't need building regs. The amount of glass is irelevant in the above case.

The orangery is 3m x 6.9m and IS connected to the main heating system but can be independently controlled (rad stats)? Where does that leave me?

 

[^woody^]

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