Wall removed but what about the building regs?

[Fishie]

We have had a load-bearing wall removed from our house and a steel put in. The work was supervised by a person who is a chartered surveyor/building engineer (MRICS,MCABE). He works closely with a small local building company; we talked to him and he gave instructions to the builder.

The surveyor gave us an estimate of costs which included the builder, council building control, his fee and the calculations for the steel to take the load. We told him we wanted to go ahead with the work. He arranged an engineer to do the calculation, which we paid directly. The other invoice was sent by the building company. We thought he would do what needed doing, particularly as we had mentioned building regs to him.

The wall is now complete and we have paid the invoices. Then we thought about a certificate to show that everything had been done properly. We have looked on the council website and there is no mention of building regulations application or approval for our property. Is there some other way it could have been approved? We can't believe that an MRICS supervising the work would allow it to go ahead without following the legal requirements. But we haven't got a certificate.

If it hasn't been approved, what can we do now? The work has been plastered over.

Thanks for any thoughts on this.

 

[freddiemercurystwin]

Have you actually asked the surveyor or builder if Building Control were instructed? I wouldn't expect to find any evidence of an application online, it's not in the public domain like planning applications.

Whilst it doesn't help you out and before someone else points it out it's actually the owners responsibility to ensure the works comply/are inspected rather than any contractors. So important you establish how/exactly under what basis you employed these people if you want to start complaining.

Anyway if you want approval now you would contact Building Control, unless you have some photographic evidence then you'll likely need to uncover the bearing at each end of the beam to show how it was installed, present your calculations to them and if alls ok you'll get your approval.

 

[Joe Malone]

When you entered into an arrangement with your MRICS surveyor then you should have received a letter of appointment stating the scope of work and the T&C's. You actually seem quite vague on the arrangement, an estimate of costs is not an agreement for your surveyor to deal with that portion of the work. Did you not have any discussions with regard to who would deal with the legal and statutory applications? It sounds like you expected it retrospectively but failed to instruct your surveyor? You have to be clear on what you want when you instruct surveyors. That being said, your surveyor should have advised you that a building control application was required. This all sounds a little odd to me.

 

[noseall]

That being said, your surveyor should have advised you that a building control application was required. This all sounds a little odd to me.

For a surveyor not to have informed you of your BC obligations is bizarre.
As said it is the homeowners' responsibility to engage BC.

 

[freddiemercurystwin]

Yes well whilst it is the ultimately the owners responsibility there's little excuse for builders to conveniently not bother mentioning it to the client.

 

[RonnyRaygun]

As for what you can do now, you can get the work regularised by your LABC for a fee.
As you have calculations they can be submitted along with the regularisation application. However, you will be required to open up an area of the completed works so that the building inspector can check that the installed beam is the same as the one in the SE's calculations, and that it has the correct padstones / bearings.
There will be a little disruption, but only a small area should need to be opened up and it will give you the peace of mind that everything is in order and you have the relevant certificates when you come to sell.

 

[tony1851]

If the building regs application is retrospective, it is likely ythat the council will charge a higher fee than normal (ours charges 2.5 x the usual fee).

If the OP is charged the excess by his council, who's responsible for that?

 

[freddiemercurystwin]

Apparently its the owners fault, despite employing three 'professionals' along the way noon of them thought it prudent to actually tell the owner he was responsible or raise the issue at the right time. Just bizarre! Not only will his BR fee be higher, he has to chop up his walls and redecorate too!

 

[RonnyRaygun]

Many owners aren't even aware of their responsibilities with regard to the building regulations, and they employ professionals so that they don't get caught out by things like this.

It's incredible that nobody thought to mention to the home owner regarding the building regs application.

 

[noseall]

Yes well whilst it is the ultimately the owners responsibility there's little excuse for builders to conveniently not bother mentioning it to the client.

There is no excuse Fred. Blatant neglect of professional duty.

 

[Nakajo]

I find it inconceivable that a surveyor would fail to mention this. Are we in possession of the full facts? Incidentally, you won't find a Building Regs application on a LPA website. It's not like Planning in that respect.

 

[mfarrow]

Incidentally, you won't find a Building Regs application on a LPA website. It's not like Planning in that respect.

You do on mine.

 

[Fishie]

Thanks for all the responses to my post. Nakajo wondered whether you had the full story, so here's a bit more about this.

We had asked the surveyor for the building regulations certificate but haven't received it, although the work has been completed for some months. I looked at the council website to see whether building control information was available. I found information both about planning applications for our house and also for building control applications - cavity wall insulation fitted, a gas boiler installed, etc. We didn't make those applications; the installers did. So I was expecting to find a wall removal application as well and got concerned when I couldn't find it. (even more concerned now because it's my responsibility).

We have again asked the surveyor about certificates, so I'll see what happens next. Maybe the council records are incomplete?

Incidentally, I have googled "building control public access" and several councils do provide this. Maybe the rules have changed.

 

[Nakajo]

I stand corrected. Some authorities *do* maintain an online database of Building Regs applications - including the authority I work with most frequently. LSNED

 

[OvertonPlumber]

Yes but surely all you need is the structural engineers steel calculations and then someone presumably the builder /through a self certification scheme to say it was compliant.