Who formed this contract?

[Dr_Gonzo]

Very briefly, I had major renovation work done on a property recently and, unfortunately, it has ended with a dispute with one of the builders. This builder organized the building regs application with a private company - however I sent the form off and I paid for the submission.

The building regs have been signed off and the certificate has been sent to the builder as, unbeknown to me, his details were down as 'the client'. The builder is now refusing to speak to me and I don't see much chance in my getting the certificate from him.

The building regs company are saying that they can't send me the certificate as it's not in my name. However, as I paid for their service myself, is the contract not with me? The builder didn't offer any consideration and so I can't see how he formed a valid contract with them. My understanding of contract law is very basic so perhaps a PH legal-eagle could shed a bit of light on it.

Thanks,

The Doctor

[southendpier]

Can't you contact whoever you sent it to originally and have "a copy" sent to your address?

Alternatively contact the council do a property history search and buy a copy - prob cost about £30

[Dr_Gonzo]

southendpier said:

Can't you contact whoever you sent it to originally and have "a copy" sent to your address?

I asked for this and they are saying they will only send it to the builder as it's in his name. However, he has essential tagged his name onto what I thought was my contract.

southendpier said:

Alternatively contact the council do a property history search and buy a copy - prob cost about £30

Can the council get access to the sign-off and inspection information that occurred during the build? I don't want to instruct the council and then have to pay for the building regs in full again.

[randlemarcus]

I'd be talking to the company, and pointing out that you paid for and submitted the application, and it certainly wasn't in the builders name at that point. Ask them either for the work that they have done in consideration of your fee and application, or refund of same. That might concentrate their minds.

[Dr_Gonzo]

randlemarcus said:

I'd be talking to the company, and pointing out that you paid for and submitted the application, and it certainly wasn't in the builders name at that point. Ask them either for the work that they have done in consideration of your fee and application, or refund of same. That might concentrate their minds.

The builder was actually the one who submitted the application (i.e. filled it in etc) - he did the paperwork and I sent the cheque. It was my understanding at that point that it would have been in my name (as it was my property), although it now turns out that it obviously wasn't. It was also my understanding at this point was that the builder was acting as my agent for this process.

Having spoken to the building regs company they are saying that the application is in the builders name and, despite me paying for it and it being for my benefit, in their opinion the contract is with him and it is only him that they will send the certificate.

The people I have spoken to in the building regs company are saying that they will discuss it with their director and will let me know 'if they can do anything'. I would like to be as prepared as possible for when I speak to them again.

[SMGB]

Consideration doesnt have to be money. If the builder did some work then he has a point. however isnt the building regs status a matter of public record with the council?

[Dr_Gonzo]

SMGB said:

Consideration doesnt have to be money. If the builder did some work then he has a point. however isnt the building regs status a matter of public record with the council?

But he didn't do any work for the building regs company in exchange for their service of inspecting and signing-off the job. I supplied the consideration for that i.e. I paid them.

I still need and want the certificate. It may be logged with the council but if we sell the buyers solicitor will want to see it from us.

[MOTORVATOR]

Just phone building control at the local council. The certificate stays with the property not with an individual.

If it did them you would need to assign it when you sold the house which is not the case.

[Dr_Gonzo]

MOTORVATOR said:

Just phone building control at the local council. The certificate stays with the property not with an individual.

If it did them you would need to assign it when you sold the house which is not the case.

So, (excuse me if this sounds a bit thick) even though it the inspections and sign-off was done by a private company, they will send the cert to the council who will also then have a copy. And I can then request the cert from the council?

Also, if I do this will it be an 'original' or will it say something like "copy" or does it even matter?

Thanks,

The Doctor

[MOTORVATOR]

Dr_Gonzo said:

MOTORVATOR said:

Just phone building control at the local council. The certificate stays with the property not with an individual.

If it did then you would need to assign it when you sold the house which is not the case.

So, (excuse me if this sounds a bit thick) even though it the inspections and sign-off was done by a private company, they will send the cert to the council who will also then have a copy. And I can then request the cert from the council?

Also, if I do this will it be an 'original' or will it say something like "copy" or does it even matter?

Thanks,

The Doctor

I believe you are talking about an approved inspector building control when you talk about a private company. The final sign off is not for you or the builder it goes onto the council property records.

So the question you need to be asking is have the works been signed off or not? Try to keep it that simple and avoid your issues with the builder at the moment.

My guess is that you will get a response that it has not been sent through yet and that will define the next step.

And don't worry about the original it will either show up in a local authority search or not.