Whose responsibility to ensure building regs are followed?

[krismusic]

Evening. As the title really. I am working for someone who is asking me to carry out fairly major modifications to a flat in a mansion block. I have mentioned that she needs to be aware of building regs but she has not followed this up. If I carry out the work is she liable or me? It annoys me that people think regulations do not apply to them.

 

[big-all]

whilst the owner is fully responsibill you need to know when building control want to inspect its difficult to pretend you didnt know so you could loose your good name and reputation sooner or at a later date

 

[noseall]

Ultimate responsibility lies with the property owner.

However, proffessionals are obligated to inform homeowners of the 'rules'.

 

[jeds]

And when you do inform her and she says yes that's ok just carry on - make sure you get it in writing.

 

[mikric]

Be warned, Section 35 of the Building Act can be used against a property owner or builder, but it is usually the owner that will be chased first.

Building Act 1984
35. If a person contravenes any provision contained in building
regulations, other than a provision designated in the regulations
as one to which this section does not apply, he is liable on
summary conviction to a fine not exceeding level 5 on the
standard scale and to a further fine not exceeding £50 for each
day on which the default continues after he is convicted. [/b]

 

[freddiemercurystwin]

And when you do inform her and she says yes that's ok just carry on - make sure you get it in writing.

Aye this.

 

[krismusic]

Thanks guys. It is really difficult to approach this subject without the client thinking I am being pedantic. I don't want to sour the relationship. I need the work! I don't agree with ignoring regs though. They are there to protect everybody. Thanks again I will see what I can do tomorrow.

 

[Diyisfun]

Just get something printed & dated, you can say that you always do it. You can even word it so there is a strike through part.
Aint rocket science

 

[^woody^]

There is inherent and implied liability of any "professional" to be aware of the law and regulations applicable to the work he carries out, and advise his clients accordingly

It is not a sufficient defence to have warned a client that certain regulations apply and then carry on regardless. Also, it may not be a sufficient defence to have warned the client and then got some sort of signature or waiver.

IIRC, there is a precedent case where a client sued a contractor for doing work which did not conform to some regulations or other - despite the contractor notifying the client

Each situation depends on its own circumstances and whilst the duty applies to all levels, a manager or expert professional would have more liability than say a lesser qualified and lesser experienced tradesperson.

Ultimately at court, a Judge would expect a competent experienced professional or company boss to walk away from work which he knows to be unlawful, rather than carry on with unlawful work on the basis of a clients mere request

It's a risk

 

[Nige F]

Evening. As the title really. I am working for someone who is asking me to carry out fairly major modifications to a flat in a mansion block. :

Is she the freeholder If I owned a "Poirot" mansion block I wouldn`t want it knocked about without my say-so . leaseholders only have certain rights