Legal question - extensions, building regs, previous owners

[pilchardthecat]

The previous owner built an extension on the back of my house about 10 years ago. I bought the house about 5 years ago. I have the approved plans for the extension from the building contol office, but after a recent calamity I have discovered that the actual design/construction of the drainage bears no resemblance whatsoever to the approved plans.

The as-built construction breaks several building codes relating to drainage and allows sewer gasses to enter the property.

Obviously I am rectifying the problem, but was wondering if I have any legal redress against either the former owner or the building control people?

[s1962a]

Did the previous owner get a building control completion certificate from the council? If so (and your solicitor probably would have made a big deal about it if you didn't) then the council say it passed all relevant laws when it was constructed. Doubt you have any redress to that.

[pilchardthecat]

s1962a said:

Did the previous owner get a building control completion certificate from the council? If so (and your solicitor probably would have made a big deal about it if you didn't) then the council say it passed all relevant laws when it was constructed. Doubt you have any redress to that.

Could i not then sue the council for negligence? They would then have approved something that obviously doesn't meet their own criteria for approval.

[Kermit power]

pilchardthecat said:

s1962a said:

Did the previous owner get a building control completion certificate from the council? If so (and your solicitor probably would have made a big deal about it if you didn't) then the council say it passed all relevant laws when it was constructed. Doubt you have any redress to that.

Could i not then sue the council for negligence? They would then have approved something that obviously doesn't meet their own criteria for approval.

If they've signed off on something that shouldn't have been signed off, then I would assume you would have redress against them. After all, this is the whole point of having building regs in the first place.

Do you have the completion certificate?

Also, what have your solicitor and surveyor got to say from when you bought the place?

[pilchardthecat]

Kermit power said:

pilchardthecat said:

s1962a said:

Did the previous owner get a building control completion certificate from the council? If so (and your solicitor probably would have made a big deal about it if you didn't) then the council say it passed all relevant laws when it was constructed. Doubt you have any redress to that.

Could i not then sue the council for negligence? They would then have approved something that obviously doesn't meet their own criteria for approval.

If they've signed off on something that shouldn't have been signed off, then I would assume you would have redress against them. After all, this is the whole point of having building regs in the first place.

Do you have the completion certificate?

Also, what have your solicitor and surveyor got to say from when you bought the place?

The council have said that a completion certificate was issued. I will have a copy somewhere. I haven't spoken to the solicitor/surveyor.

There is no way it meets the building regs.

[Busamav]

the layout may have been altered after that element of the works was inspected

[WestieMan]

Busamav said:

the layout may have been altered after that element of the works was inspected

Most likely senario.

[pilchardthecat]

WestieMan said:

Busamav said:

the layout may have been altered after that element of the works was inspected

Most likely senario.

Ah, ok, so I have to bend over.

Note to self: Completion certificates are not worth the paper they're written on