Orangery

[LJR]

Hi everyone I have just joined and I have a problem with a orangery Company.
I have just had it built and was told I didn’t need building regs so worried and need some advice it’s a bit complicated.

[des8]

As long as it is within permitted development rights and meets certain criteria, it will not need planning permission nor to comply with building regs.
What's the problem?

[LJR]

Hi the problem is I have been told because they changed the roof structure of the existing conservatory and replaced some windows all on the original footprint it will need building regs and as the existing walls Which have been built up although cavity they are not going to meet the thermal Requirements of builds regs either!
so worried it’s now an illegal building! Builder is now saying if I wanted building regs it would of been more money.
Obviously I am now torn as what to do as building regs say it will be treated as an extension and will need to meet current regs which it won’t. Can I hold the builder accountable for cost for remedial works?

[des8]

So by changing the roof structure what was an orangery became an extension and needs to comply with building regs.
With all building work, the owner of the property is ultimately responsible for complying with the relevant planning rules and building regulations.

Without seeing your contract with the builder it is difficult to be certain of your position.
However the Consumer Rights Act 2015 (CRA) requires work to be carried out with reasonable care and skill, and one could assume that this would mean building to the minimum standards required by building regs.
You would have the right to a repeat performance to bring the works into conformity with the contract or to a price reduction

[LJR]

Hi Des8
thank you for your reply
so I could Possibly have a claim against the builder even if it says on his contract that they do not accept responsibility for building control. My argument with him is he told me I do not need them otherwise I would have applied , what would my first course of action be do you have any idea? I did pay for most of the work by Barclaycard? I just don’t know where to begin.
I am very worried and I am going to apply for retrospective building regs but I fear the worse that he will find to many issues that don’t meet the regs and could possibly say it needs to come down! By what I have been told the remedial works could cost more than the actual cost! ☹️

[des8]

They might not accept responsibility for building control (by which I understand it is for you to arrange inspection to obtain appropriate certificate) but they have to do their work with reasonable care and skill.
If the works don't comply with building regulations (which are a minimum standard) then IMO the work has not been carried out with reasonable care and skill

See what happens when they check compliance with building regs, or if you are sure you could start a sec 75 claim against the credit card.
Who has examined the build and advised you of the cost?

[LJR]

Hi DES8


I just got a surveyor who my partner knows to come round who deals more with industrial but he looked things up and contacted building control as a general enquiry they told him that it would be classed as an extension and would need to meet with current regs. He said that would be everything from the footings up.
We know the footings are a metre deep which is the requirement but the existing cavity wall is not as wide as the new regs require now.
I contacted the builder who said he was confident what he had built was to regs but could not be accountable for the existing base which he built upon. Should he of built on them at all without getting them checked instead of taking the word if his surveyor and now saying it’s our problem as we didn’t get building regs. Do you think that would fall under the care and skill? We are not builders so took their word for it?
We had a lot problems during the build and were worried we had made a mistake using them.
I also questioned the u value of the glass he fitted and some if it does not meet the building regs although he said everything he done did? The builder is now saying he didn’t build to regs so that is why some doesn’t meet them?
We are applying to building control as I don’t feel confident with them anymore but obviously wanted to know where we stood in respect of them paying for the remedial works if they can be addressed or worse can’t be and it needs to come down.

[des8]

IMO he can't build below the legal requirement and then pass it off as the responsibility of the client.
Sure, the LA will hold you as owner as responsible for obtaining regs, but the builder has a duty to you to build within those regulations.

[LJR]

Hi Des8
Thank you so much for all your help
I will look into the credit card company and see what they advise and see what the LA say once they have inspected the works and what they require to put it right.

[jefferson_80]

How far did you get with this?

[LJR]

Hi Jefferson _80
this is rather a long reply but a lot has gone on
without us getting anywhere really.
It’s still ongoing building inspector has said it needs a fair bit of work to get it to meet building regs firstly underpinning as the footings are 600 and need to be 1 metre! Lots of letters to the builder I threatened to take it further action he has said he will do us a favour and get it underpinned at a reduced cost to us!
£4,000 I have had quotes of £7,000.
We also need to open up lots of areas for further inspection so underpinning just the beginning! I have a whole list the building inspector wants to know.
Waiting for the builder to come down and open them up as I don’t have a clue what I am looking for! Wall plates, restraints, insulation, dpm,etc! I think a fair bit of damage to open these up as well. He sent a drawing of the straps for me to forward to the inspector and when I questioned them as I couldn’t see them on my pictures before it was plastered he then said well maybe there were not as many as they had put on the picture as it was just a guess? Luckily I do have some pictures of the build!
He has said I have opened a can of worms getting the building inspector involved and could of easily got an indemnity policy in the future if I wanted to move and he does this all the time! I said you knowingly carried out the works without building regs which it should of had as soon as you were going to replace the roof even though we specifically asked do we need them and your surveyor and salesman said we were exempt! He has not denied that but just says well it would of cost you more!
Well it’s going to cost a lot more to correct now which we do not have and he doesn’t want to pay a thing as he is saving us the money on the underpinning! Had an estate agent round and it will affect the price of any future sale by around £25-30,000.
The whole experience has been draining and I have been very ill with pneumonia I think all the stress has taken it’s toll been going on since July now!