Worried about Builders Work

[jock194]

Hi

We have had a small extension built and the builder has not completed the work its a long story but the builder became abusive and threatening so I have told him I don't want him back. We are finding loads of problems with his work and the latest is they left the place in a complete mess and we are just clearing a pile of rubble next to the new build and discovered the footings seem to comprise of a concrete base with small pillars and then lintels with nothing below spanning and taking the weight of the extension. He advised me I didn't need building regs and I am beginning to see why I am concerned there is nothing below these lintels so is this structurally sound as I have two small kids here and wonder now how competent his work is.I have enclosed a photo to show. Many Thanks if someone can advise please.

 

[Notch7]

Im sorry to hear about your troubles.

All extensions need buildings regs, unless it can be described as substantially glazed and seperate from the house.

Its hard to understand, but it sounds like the builder has constructed concret pads every metre or so, then laid lintels to form a ring beam, then built off that.

Im sorry to say it wont be compliant with buildings regs. It also wont be suitable to support the load in a stable fashion. Foundations need to be built in a way that supports the load and sits on stable load bearing ground.

It wont fall down or anything, you might experience a bit of movement causing cracks. Many old houses have almost no foundation.

Do you havevtrees or hedges nearby, what is your soil like...ie sandy, chalky, soggy clay......

 

[jock194]

Hi Thanks for you reply I have a bit more info I should have said he built a double block building and rendered them The inside blocks seem to be on solid foundations. I saw him mixing and pouring the concrete into the quite deep trench he dug all the way round and he used lintels to span the drains before building the walls but there are no drains on that side so i am not sure why he has used lintels it seems he has built a small brick pillar from the footings he put in and used lintels on this side for some reason but the lintels seem to span as you say about a metre without anything below them which is my concern. We have trees about 10 mtrs away. He did a small job for us and did a good job but then he has turned into a nightmare I have 45 things that need fixing or doing the bloke is aggresive with vile language when we questioned him so I have told him if he comes back again a will call the police I am worried now about the Planning Regs I know this is the builders responsibility but it will cost me. I wonder if I poured concrete under the lintels whether that would help. Anyway many thanks for taking the time to respond to me.

 

[noseall]

I am worried now about the Planning Regs I know this is the builders responsibility

Seeking Planning Approval and Building Regulations is the homeowners responsibility. Definitely not the builders and at a cost solely to the homeowner. Builders, designers etc can act as agents if directed to do so.

You are unlikely to need Reg's unless the floor area is greater than 30 sq/m.

 

[^woody^]

Contact your council's Consumer Protection/ Trading Standards team, as they deal with rogue builders and can advise. If nothing else, they can be made aware of this person's practices.

Again at the council, speak with their Building Control team for advice about regulations. Or look at their website for homeowner guides and what work requires approval. You probably don't need planning permission, but any extension attached to the house tends to require building regulation approval.

Or instruct a local surveyor to advise you on what approvals are needed, what is wrong with it structurally and otherwise, and what needs to be done to rectify everything.

 

[jock194]

I asked him at the start of the project about building regs and he said as there was an existing structure there (although half the size) so there would not be needed He seemed a reputable builder who came under local recommendations so I stupidly believed him. Also it is below the areas defined for planning which I checked. With regard to it being the homeowners responsibility and definitely not the builders I do not understand this comment as this is an extract from The Planning Portal " Meeting the requirements of the building regulations is the responsibility of the person carrying out the works" It goes on to say " If you are employing a builder, the responsibility will usually be theirs - but you should confirm this at the very beginning. You should also bear in mind that if you are the owner of the building, it is ultimately you who may be served with an enforcement notice if the work does not comply with the regulations." The Government website actually states that "Builders can receive severe penalties if Building Regs are not followed" So this seems to state it is not the homeowners sole responsibility to apply for building regs but the builders but if any work is needed it will obviously be my responsibility. Apart from this are you saying that Builders can willy nilly build what they want and have no responsibility for building a structure they know should have building regs and not be responsible in some way ?

 

[^woody^]

Apart from this are you saying that Builders can willy nilly build what they want and have no responsibility for building a structure they know should have building regs and not be responsible in some way

Yes, it's your house, your land and your responsibility to check that you employ competent people. A builder builds, he is not an expert in law.

Although there is precedent what a person plying a trade should and should not know, and should or should not advise their client, that is under contract between you and is a private matter. It does not supercede your duty to obey statutory requirements.

 

[jock194]

I still feel that a builder would not need to at least discuss Building Regs with a customer if he had the slightest belief they should be applied for. This builder is a Limited Company driving marked Vans and was recommended by other villagers not some odd job man working out the back of his car. Anyone competent to build an extension will know the Law Yes I know the ultimate responsibility will end with me but don't kid me builders don't know the law why else would there be heavy fines for the builders if they do not comply and why does the building portal say the responsibility usually lies with the builder to notify the council. I will be contacting the local council and getting a surveyor round as well Thanks for your input

 

[Notch7]

I still feel that a builder would not need to at least discuss Building Regs with a customer if he had the slightest belief they should be applied for. This builder is a Limited Company driving marked Vans and was recommended by other villagers not some odd job man working out the back of his car. Anyone competent to build an extension will know the Law Yes I know the ultimate responsibility will end with me but don't kid me builders don't know the law why else would there be heavy fines for the builders if they do not comply and why does the building portal say the responsibility usually lies with the builder to notify the council. I will be contacting the local council and getting a surveyor round as well Thanks for your input

the first thing a competent builder would ask before starting a job (and prob before quoting), is where are the building regs drawings.

how would he know what to build?

In any case, builders that do extensions, know the process and will pretty much know the current regulations -the majority of extensions follow the same basic spec.

every builder will do a trench foundation by default, other options would only be done if required due to ground conditions or some other complication. In general, a trench is dug about either 340mm wide or 600mm wide about a metre deep, and around 600mm or so depth of concrete poured in. Then both skins of masonry are built off that.

If you have a construction that varies from that, the builder would needed to have followed an engineers spec.

if the extension is open to the house, is heated and has a solid roof -it needs building regs and therefore each stage should have had inspections to be signed off at the end.

 

[tony1851]

You are unlikely to need Reg's unless the floor area is greater than 30 sq/m.

???? It's an extension, not a detached building, hence Building Regs apply.

 

[^woody^]

how would he know what to build?

Building notice?

or

"Nah mate, I thought you were sorting all that out. It's not my job to phone the council up and fill in forms and stuff, that's yours. You just told me what you wanted built and I've done that."

 

[noseall]

???? It's an extension, not a detached building, hence Building Regs apply.

Sorry thought it was a shed/outbuilding.

 

[^woody^]

why does the building portal say the responsibility usually lies with the builder to notify the council

It does if you explicitly contract that out to the builder - which most people [usually] do. The builder then notifies the council on their client's behalf, as an agent not as a duty holder. But it's still the homeowner's responsibility to ensure that it is done, and you can't escape that.

 

[Notch7]

It does if you explicitly contract that out to the builder - which most people [usually] do. The builder then notifies the council on their client's behalf, as an agent not as a duty holder. But it's still the homeowner's responsibility to ensure that it is done, and you can't escape that.

Unfortunately the builder vernally advised the customer the extension didnt need regs, so I guess although householders responsibility, he was misled.

 

[^woody^]

Unfortunately the builder vernally advised the customer the extension didnt need regs, so I guess although householders responsibility, he was misled.

That don't matter if the builder is not an expert in building regulations so any opinion is not to be trusted. Effectively he is acting outside of his expertise - which is a valid defence, and the client needs to confirm any statement made to him that is not directly about building.

It will come down to fact and degree.

A small one-man band builder may well be "just a builder", but a larger firm with various trades and professions may well be considered to have expertise available, and thus it could be that their opinion could be relied upon.

As for being misled, the OP would have to prove negligence. Which will turn on the facts.