Building Regulations Liability - Extension

[jefferson_80]

We bought an orangery in 2012 from a well known company. We were advised building regs weren't required as it was 'effectively a conservatory' (a temporary room separated from the house by a thermal barrier - exterior grade doors). Further, we were advised we had the necessary planning permission under permitted development as we weren't building more than 3 metres from the house.

However, we also had 2 manholes in the garden which the company said we were 'okay to build over' - and they did.

Now 8 years on, we have learned from the LA that we should have had building regulations all along and because there is no access to the manholes (or anywhere laterally we could build new ones), we would struggle to sell the property ... and this is before the water company has even learned of this issue ...

We have a 10 year guarantee from the installers (for what I'm not sure), but ultimately my question is do we have any recourse here from the builders? Is it purely our fault as we shouldn't have agreed on the orangery or have we been mis-sold / misled and should they have ever carried out the works which they knew were illegal? We can only claim ignorance but their company installs orangeries on a daily basis.

The costs of dealing with this re: labour and materials is likely to be huge.

Thanks.

[jefferson_80]

Bumping! Can anyone help with this?

[des8]

Probably not had any responses because of the nature of your enquiry.
Presumably the manholes accessed public drains and not a drain serving your sole property?
It is the property owners responsibility to apply for a Build Over/Close Agreement from water company and to obtain building regs.

Having said that do you still have a copy of your contract with the orangery company?
Your main hurdle however is the Limitation Act 6 year time limit in which to bring a claim before the courts.