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Getting work done
Building Control - September 2007
building.control@kirklees.gov.uk
Tips for householders
You will never be able to ensure at the outset that any work you are intending to have carried out on your property will be done to your complete satisfaction, neither can it be completely risk free. The following will hopefully provide a series of basic steps which may help to minimise the possibility of problems arising.
Commissioning the Work
Having decided on the need to carry out the work you could personally
manage the work through to completion. This would include hiring the services
of an architect to draw up a scheme to your design brief, obtaining any
necessary Planning and Building Regulation permission, then engaging a builder
to carry out the work. This is perhaps for the brave or those with a feeling
for the workings of the construction industry.
The majority of the work rends to be carried out by specialist firms who
supply a complete package form conception to completion. Alternatively you
may engage an architect or surveyor who will oversee the whole job and look
after your interests. They will also engage a builder and ensure all the
necessary permissions are obtained. It is worth remembering that any professional
you are considering employing should carry professional indemnity insurance
and should be willing to confirm this. (professional indemnity insurance
provides cover for negligence leading to a loss or defect).
Engaging a Builder
Don't be afraid to ask more than one builder to price and quote
for the work. It would normally be prudent to obtain a minimum of three
quotations but don't stop there if none of the builders appear suitable.
Ask to see references and work they have carried out, possibly speaking
to former clients if appropriate. Remember that cheapest is not always best.
Builders will normally be covered by insurance to protect both of you (ask
to see evidence of this). You could also ask if they belong to an established
trade association which may provide additional warranties covering the quality
of the work.
Having chosen the builder and before the commencement of any work you should
form a contract, this will contain the main terms and conditions of your
agreement. Builders may have their own contracts, where this is the case
carefully read before signing and query any points you don't understand.
Take professional advice if in doubt.
Various standard forms of contract exist such as the Royal Institute of
British Architects (RIBA) contract for small building works but, even if
you chose not to have a standard form, it is always wise to have an agreement
in writing. You should take advice on what principal terms should be included.
For example a contract would always include the address and a detailed schedule
describing the work proposed. The names of all parties involved should be
included, together with the cost and method of payment. If stage payments
are involved, describe what form these will take and how each stage will
be costed.
Works Unforeseen at the Outset
It may not always be possible to foresee what works are required. For example, when foundations are excavated it may not be apparent the depth of the dig required to reach suitable loadbearing ground. Where this occurs then if no price is quoted or agreed, you would normally expect to pay a reasonable amount to cover the work actually carried out with your approval. Wherever possible any extra work should be agreed, priced and specified in writing before being done. Try to deal with this eventuality in the contract.
Start and Finish Date
The building process will obviously cause disturbance and to minimise the period over which this will occur you should include in the contract the start and finish date. This can be important if you require the work to be finished for a particular date, otherwise you will have no claim for damages if the work is not started or completed on time. The amount of damages should be specified and in what situations they are payable should be indicated.
Standard of Workmanship
Include a contractual term requiring the builder to afford a reasonable level of care and skill in undertaking the work. Require that materials are of a suitable and usable quality. Describe how you want the site to be maintained during the course of works and the condition you would want the site to be left at the end of each working day. Take advice if things go wrong.
Termination of Contract
Include at the outset the details of the situation in which you or your builder may choose to terminate the contract.
Building Permissions
Describe who is to be responsible for obtaining the relevant permissions i.e. building regulation and planning permission wherever required and the responsibility for the payment of any fees. Should any changes or amendments be required, then detail who would ensure that the necessary plans are submitted and approved.
Insurance
Make sure there is a stipulation that the builder is insured and the level of cover in force. Always BEWARE of a builder who is unwilling to enter into a contract.
Sorting Out Problems
Whilst having a contract will avoid many disputes occasionally things
may go wrong, and even without a contract you are still entitled to expect
a job which is of a reasonable standard and carried out within a reasonable
period of time. The decision as to what is reasonable may be more difficult
to prove without a contract and may have to be decided by some other third
party.
If a problem does occur then initially approach the builder and indicate
your concern, putting it in writing for record purposes. Many problems will
be resolved in this way, but don't leave it too late as this could cause
abortive work. Try to highlight problems at the earliest possible time,
preferably whilst the builder is still available on site as this 'leverage'
may not be as great once the site has been vacated.
If the builder refuses to resolve or come back to sort out the problem then
you could go to arbitration or reconciliation or you may have to initiate
legal proceedings. When the problem involves a claim below a certain level
you may take the claim to the small claims court, where larger amounts or
arbitration/reconciliation is involved you would be best served engaging
the services of a solicitor to advice you. Many builders are members of
Building Trade Associations and where this is the case associations may
have a reconciliation or arbitration system themselves for resolving areas
of dispute.
Building Work and Neighbours
Where work in any way affects your neighbour, always discuss and
try to get their agreement to your proposals in advance.
The Party Wall Act 1996 will require you to notify your neighbour if the
work you are proposing could effect the boundary . A copy of 'The Party
Wall Act 1996 explanatory booklet' is available from ODPM free literature
, PO Box 236 , Wetherby , LS23 7NB. or http://www.odpm.gov.uk/
When your neighbour is having building work carried out then this work should
be done without causing any damage to your property, either during the construction
process or as a result of the completed work.
If any damage is caused then the problem should be brought to the attention
of your neighbour and a course of action agreed to resolve the problem.
If that doesn't work then ensure you have evidence in the form of dates,
times, photographs and if necessary, a surveyor's report commissioned by
yourself in support of your claim.
Your neighbour should have third party insurance to cover any damage caused.
As a last resort legal action could be taken against whoever carried out
the work to sue for the cost of repairing the damage. A solicitor would
be the best person to advise you on this.
Where a dispute involves the ownership of land say at the site boundary,
it is a good idea to first examine your title deeds. These are usually held
by your solicitor, bank, or building society. Records of registered land
are also held at HM Land Registry.
If still in dispute after having clarified boundary lines from information
in the deed sand Land Registry it would be best to consult a solicitor.
A solicitor may advise obtaining an injunction form the County Court, preventing
the use of your land by your neighbour. A note of caution is that court
proceedings are usually costly.
Repair to a garden fence or wall is usually the responsibility of the person
who owns it. If you don't know who does, look at the title documents and
plans of the property. If the boundary fencing is supported by pillars on
your side, the law normally presumes it is yours.
In England and Wales under the Access to Neighbouring Land Act 1992, you
can apply for a court order to gain access if you need to go onto someone
else's land to carry out repairs and they have refused to let you in.
Note: The above are intended as brief pointers to householders and
should not be taken as comprehensive advice or guidance. A solicitor or
consumer advice bureau would be the best persons to consult in these circumstances.
You may also qualify for legal aid to help you take the case further.
Sources of Advice
Citizens Advice Bureau (CABx) advise on a variety of consumer problems.
Consumer Advice Centres are also a good source of advice for customers.
Law centres often specialise in providing free/low cost legal services
on housing and employment matters.
Solicitors sometimes offer free of fixed fee interviews for advice.
You may also qualify for legal aid or have legal expenses insurance.
Office of Fair Trading 0171-242 2858
Chartered Institute of Arbitrators 0171
837 4483
Your Local Trading Standards Office 0113 253
6111
Useful Contacts
Federation of Master Builders 14-15 Great James Street, London WC1N
3DP, or locally on Leeds 0113 248 5122
Glass and Glazing Federation, 44-48 Borough High Street, London SE1
1EB,
Tel 0171 403 7177
Guild of Master Craftsmen, Tel 01273 478449
Building Employers Confederation, Tel 0171
580 5588
National Federation of Glaziers Tel 0207 404 3099
Conservatory Association Tel 01480 458278
Mediation, Mediation UK, 82A Gloucester Road, Bristol BS7 8BN
Association of Building Engineers, Jubilee House, Billing Brook Road,
Weston Favell, Northampton NN3 8NW Tel 01604 404121
Royal Institute of British Architects, 66 Portland Place, London
W1N 4AD,
Tel 0171 580 5533
Institution of Structural Engineers, 11 Upper Belgrave Street, London SW1X 8BH
Royal Institute of Chartered Surveyors, 12 Great George Street, London
W1N 4AD,
Tel 0171 222 7000
Land Registry, HM Land Registry (for England and Wales)
Tel: 0171 917 8888
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