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Structural Problems after approved Building Regs

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  • Structural Problems after approved Building Regs

    Hello all,

    We recently bought a house which has a 2 storey extension built in 2006. Building Regulations Appoval was signed off by the council in January 2007 so our solicitor advised that that there were no outstanding legal issues with the extension.

    On living in the property all the floor boards are very creaky in the upstairs of new part of the house and there is a definite 'bounce' in some areas of the floor. A builder made a quick assessment and suggested that it was possible that the floor joists may not be adequate.

    If this proves to be the case and considering that building regs have been approved what is my legal position? Is the council or the previous owner liable?

    Any advice would be greatly appreciated.

  • #2
    Re: Structural Problems after approved Building Regs

    Building Regulations Appoval was signed off by the council in January 2007
    Do you mean that the Council gave a completion certificate or did they simply approve the plans? If the latter then the work might not have complied with the plans and you should have made sure that there was a completion certificate.

    Doubt whether the former owner would have any liability to you - as you bought the house as it was and had the opportunity to check its condition.

    Possibly the Council might be liable. They don't have to check every single detail, so they may be able to say that they took reasonable steps to check compliance and found nothing amiss and that was all they had to do.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Structural Problems after approved Building Regs

      Hello,

      No, we have a completion certificate signed off by the council. But surely part of the building regs would be that adequate floor joists have been installed? That would be a fundamental safety issue wouldn't it?

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      • #4
        Re: Structural Problems after approved Building Regs

        Richard Webster is correct: Your conveyancer covered all the legal points but, as in all house purchases, it is for the buyer to satisfy him/herself as to the condition of the property - the final inspection confirms that the council was satisfied that, as far as it could tell, the Building Regfulations had been complied with, that is all.

        I suggest you get a surveyor or structural engineer to advise you. They will probably want to see the plans and engineering calculations that the council should be able to supply
        This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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