Upcoming Events :
Housing Seminar: Partnerships with the Public Sector – Avoiding the pitfalls
Thu 31 May 2012
Minerva House, 5 Montague Close, London, SE1 9BB
Council escapes liability to house buyer for works incorrectly signed off by building control
Tue 31 Jan 2012
A court has ruled against a couple who made a complaint against their local authority following building work on their home.
Peter and Ruth Gresty applied for permission to extend their property, which was approved by Knowsley Metropolitan Borough Council.
However, the couple were dissatisfied with the job done by the building contractor, as further work needed to be carried out.
The council was held liable by Mr and Mrs Gresty, as it had building control responsibility for the property and carried out an inspection while the work was underway.
As a result, they took legal action, but a court dismissed their application for a judicial review.
Mark Vinall, a partner at Winckworth Sherwood Solicitors, commented: "This case demonstrates that when purchasing a property, buyers must be cautious when relying on Building Control having signed off works as conclusive evidence that the works have been undertaken to the required standard.
"The council may miss a breach of building regulations and if they do the buyer is unlikely to be able to recover their loss from the council. Consequently buyers should rely on their surveyor's advice as to the quality of works, seek a direct right of action against the contractor and check the extent to which they are able to pursue the contractor if problems are discovered later - e.g. are they still in existence and worth suing?
"Flat buyers have the additional concern to check whether consent for alterations was obtained from the landlord."
