powers of building control officer question

wazzoraybelle

Hello all,

I'm curious about the powers of a building control officer. Can they shut dwon a building site?

If they can and do, is it necessary to apply for a new commencement notice to restart works?

If it is necessary, would the application for a new commencement notice fall under the new building control act if applied for after March 1st?

Thanks for any response.

Wazzo.

DOCARCH

Not sure about the power of the BCO - I'm sure they can stop works if they want to - but as far as I am aware, there can only ever be one commencement notice, and if, for whatever reason a BCO stopped works, I'm sure a new commencement notice would not be required to start works again.

4Sticks

Yes . No . No.

Local authorities have remarkable powers under the 1990 BC Act. They tend not to use them very often.

Gumbo

wazzoraybelle wrote: »

Hello all,

I'm curious about the powers of a building control officer. Can they shut dwon a building site?

If they can and do, is it necessary to apply for a new commencement notice to restart works?

If it is necessary, would the application for a new commencement notice fall under the new building control act if applied for after March 1st?

Thanks for any response.

Wazzo.

1. Yes
2. No

4Sticks wrote: »

Yes . No . No.

Local authorities have remarkable powers under the 1990 BC Act. They tend not to use them very often.

Very rare but I shut one down last week

wazzoraybelle

Thank you guys, We're in the middle of a house build at the moment and the builder is doing what I think is really iffy work but the architect is backing him up. I'm thinking of calling building control to see if they would check it out.

Im guessing they don't get too many calls from the actual owners of properties to inspect works.

4Sticks

No and they will not want to know. They may remind you of YOUR responsibilities under the Building Control Act .....

jonniebgood1

wazzoraybelle wrote: »

Thank you guys, We're in the middle of a house build at the moment and the builder is doing what I think is really iffy work but the architect is backing him up. I'm thinking of calling building control to see if they would check it out.

Im guessing they don't get too many calls from the actual owners of properties to inspect works.

Are you involved in the construction industry? What makes you think that something is wrong despite the Architects and builders opinion?

wazzoraybelle

No, I'm not, but I've done a lot of diy renovation over the years and got suspicious when I saw the quality of the work being done. Since then I've had another builder look at the work as well as a structural engineer who are all unhappy with the work. The architect, main contractor and the architects' engineers all say they are happy with the work, but I think they are all avoiding saying there is a problem in case they are found liable for remedial work.

Gumbo

wazzoraybelle wrote: »

Thank you guys, We're in the middle of a house build at the moment and the builder is doing what I think is really iffy work but the architect is backing him up. I'm thinking of calling building control to see if they would check it out.

Im guessing they don't get too many calls from the actual owners of properties to inspect works.

The BCA is not a call on service. Most BCO's will tell you to engage an independent surveyor, architect or engineer to over see builders works. I for the life of me cannot understand how people appoint builders who have their own attached certifier. That is one person i want independent of the builder and have told that to clients over the years in private and public practice.

Where are you based btw?

wazzoraybelle

I agree, we have been working with the architects for 3 years, there was a competitive tender and the architects recommended this builder. I have engaged an engineer independant of the architects engineers who voiced his concerns but the builder and architect are not for budging. I'm trying to avoid legal action but it may be the only way to resolve this.

sydthebeat

wazzoraybelle wrote: »

I agree, we have been working with the architects for 3 years, there was a competitive tender and the architects recommended this builder. I have engaged an engineer independant of the architects engineers who voiced his concerns but the builder and architect are not for budging. I'm trying to avoid legal action but it may be the only way to resolve this.

perhaps outline to us what the issue is?

wazzoraybelle

I'd love to Syd, but I'd feel a bit uncomfortable discussing this on an open forum, we've been receiving legal advice on how to proceed, we are just hoping it won't come to that and I had a brief thought that getting a building control officer in might draw a line under the issue.

Thanks for all the responses.

Wazzo

Gumbo

wazzoraybelle wrote: »

I'd love to Syd, but I'd feel a bit uncomfortable discussing this on an open forum, we've been receiving legal advice on how to proceed, we are just hoping it won't come to that and I had a brief thought that getting a building control officer in might draw a line under the issue.

Thanks for all the responses.

Wazzo

You've been getting legal advice, and the advice you got was get a BCO in?
Thats strange.....

4Sticks

I don't think the OP is saying he got legal advice to involve a BCO - that is the OPs' own thought I believe.

OP I don't take pleasure in telling you this but if you are in fact being let down by Mr Bad builder and Mr Awful Architect you can only rely on a solicitor .
The LA BC won't get involved in a way that will help you. They will , by law , simply want to make you do whats required to make YOUR building comply.

wazzoraybelle

Yes, I've been trying to find a way to avoid legal action, I thought some help might be available from building control.

Thanks everyone for the comments

Gumbo

wazzoraybelle wrote: »

Yes, I've been trying to find a way to avoid legal action, I thought some help might be available from building control.

Thanks everyone for the comments

you never mentioned where you are by the way. You never know, a BCO could find the file landing on his desk for a random inspection.

sydthebeat

If the issue is over an element of structure then to be honest no bco well touch it with a barge pole.
If it's over something that's prescribed in the tgd's then you may have more luck.

galwaytt

wazzoraybelle wrote: »

I agree, we have been working with the architects for 3 years, there was a competitive tender and the architects recommended this builder. I have engaged an engineer independant of the architects engineers who voiced his concerns but the builder and architect are not for budging. I'm trying to avoid legal action but it may be the only way to resolve this.

At the end of the day, even if everything is technically o.k. ultimately you are the client - a paying client - of both the Arch and Builder, and it is THEY who must satisfy YOU with their work. If they are failing to do so, then a simple, clear note to both - in writing is required, stating your dissatisfaction and advising - advising, not asking - them that you'll be getting (effectively) a 2nd opinion.

They are not doing you a favour by building this house they way THEY want. You are doing them a service by providing them with paid work.

It's your money - don't let someone else waste it. When the builder and Arch are long gone, you'll be the one looking at the fruits (or otherwise) of their labours.

Act now, early, concisely.