Building Consent Issue!

[Matthew Lord]

In 2002 we replaced our old utility which was present when we purchased the property in 1990 (brick and wooden frame with glass) with a like for like improvement (although the improvement does have additional brickwork).

At the time we wrote to our local authority querying the need for planning permission and building consent.

We received the planning application for the works, but were told verbally that building consent was not required.

Now we unfortunately have an issue with subsidence and have contacted our insurance... we have been informed because we do no have evidence to suggest that it was built in accordance with Building Regulations at the time of construction they will not accept liability.

If anyone has any experience with this sort of situation, or can advise me of a suitable next step to resolving this please let me know.

I am particularly frustrated as we carried out all necessary consultation with the local authority and am now having issues with this dispute!

Many Thanks, Matt

[tony keller]

I presume that when you say Building Consent you mean Building Regulation Approval? If it was a repair job then you probably would not need Building Regulation Approval. However if that was the case you would not have needed Planning Approval either. The question that occurs to me is did your builder put a foundation under the additional brickwork? Since it is a problem of subsidence, perhaps not. Perhaps you could contact the local Building Control Department and get a letter saying you did not need approval or get Retrospective Approval. You may ahve to do some work to get that mind you, but that will be what you should have done at the time anyhow. Sound harsh but good luck and I hope you can resolve it.

[Neil Tunnicliffe]

To be honest, it sounds like the insurance company are up their old tricks and are trying to get out of paying. Its as simple as that. Can it be proved that the building you did has caused the subsidence. I would speak to a solicitor and push this all the way. Did you take legal expenses cover out. that would be interesting actually. im not sure if you can use the legal expenses cover from an insurance company to take that same insurance company to court. anyway, good luck, sounds like you have been unlucky here.