How to request for plans/files held by private building control

[brfcbrfc]

Hi,

Hoping someone can advise. I've had major issues with building works I've had done, with my architect taking my money but what appears is that they did not submit my plans to the council.
I have contacted private building control, who signed off my project and they claim they cannot share any plans my architect submitted to them due to copyright. I'm in a sticky situation, where I will need to assign and pay for a new architect and get all plans drawn up and have them submitted to the council.

Do I have any legal grounds to request all documentation, plans, pictures etc. building control hold for my property, be with with my name on them or without my name on them and just my home address?

Thanks

[echat11]

Contact ICO see what they advise, although it maybe it's copyright, but it's also information regards your property.

[des8]

The architect should be able to supply them, and submit them to council
Has he done a runner?

What form of appointment did you use when employing the architect?
If it was the RIBA one it should giveyou a licence to use the drawings for the purpose intended, which will include obtaining the necessary Council permits etc., so IMO the private building control outfit should have no problems releasing a copy.

[brfcbrfc]

Contact ICO see what they advise, although it maybe it's copyright, but it's also information regards your property.

Thanks, I'll call them on Monday as just checked and they closed at 5pm

[echat11]

Thanks, I'll call them on Monday as just checked and they closed at 5pm

They have a 'online chat' facility.

[brfcbrfc]

The architect should be able to supply them, and submit them to council
Has he done a runner?

What form of appointment did you use when employing the architect?
If it was the RIBA one it should giveyou a licence to use the drawings for the purpose intended, which will include obtaining the necessary Council permits etc., so IMO the private building control outfit should have no problems releasing a copy.

Yes, I cannot get in touch with the architect, initially he kept on stringing me along as I had other major builder issues, this stuff took the back seat when it shouldn't have I know as this probably the main thing!
How would check if its RIBA?
Private building control have on 3 occasions declined my request, claiming it would infringe copyright. I have checked the architects ltd company status and shows: The company status is Active - Proposal to Strike off. That was filled on 4th Jan and then on 22n Jan 2022 it shows: Compulsory strike-off action has been suspended

Don't know if I should overly be concerned

[des8]

Do you not have a copy of your contract with the architect?

If the company is being struck off you should register your interest (especaially if you may have a claim against them); https://www.gov.uk/object-to-a-limit...ing-struck-off

[brfcbrfc]

They have a 'online chat' facility.

I've spoken to them, they mentioned they can't do anything as copyright law is not covered in personal data. They advised could send building control an email to ask if they can remove the architects details from the drawings and then send to me, but building control have declined that too

[brfcbrfc]

Do you not have a copy of your contract with the architect?

If the company is being struck off you should register your interest (especaially if you may have a claim against them); https://www.gov.uk/object-to-a-limit...ing-struck-off

I don't, a friend got there drawings done through him and I thought he was legit so didn't draw up any contracts

[des8]

Standard architect contracts usually contain a copyright licence clause, which allow the owner to use the plans for such purposes as obtaining Planning permission.(which is what I assume you need from the council).
it is the owners responsibility to obtain PP.
Did you have even a verbal agreement regarding what he was supposed to do?

The architect's copyright extends to the building itself, so you may have difficulty finding an architect prepared to draw up a duplicate set of plans.

[brfcbrfc]

Standard architect contracts usually contain a copyright licence clause, which allow the owner to use the plans for such purposes as obtaining Planning permission.(which is what I assume you need from the council).
it is the owners responsibility to obtain PP.
Did you have even a verbal agreement regarding what he was supposed to do?

The architect's copyright extends to the building itself, so you may have difficulty finding an architect prepared to draw up a duplicate set of plans.

Yes verbal agreement as well as a bunch of emails from his ltd company, stating he will get it done (planning approved, and that it will appear on the council portal soon), on a number of occasions

[des8]

It might (note might) be possible to obtain a court injunction forcing either the architect or the Building Control company to release a copy of the plans for you to apply for retrospective planning permission, or an injunction ordering either of those parties to apply for you.

Perhaps a fixed fee (or possibly free) initial consultation with a solicitor to find the best approach

[brfcbrfc]

It might (note might) be possible to obtain a court injunction forcing either the architect or the Building Control company to release a copy of the plans for you to apply for retrospective planning permission, or an injunction ordering either of those parties to apply for you.

Perhaps a fixed fee (or possibly free) initial consultation with a solicitor to find the best approach

Thank You,

I will explore this option, via hopefully a free consultation