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Can someone be legally compelled to do their job?

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  • 11-12-2022 9:46pm
    #1
    Registered Users Posts: 3,469 ✭✭✭


    I had a situation (resolved now) where I had a lot of problems with a builder. I contacted building control about the issues as there was multiple breaches of building regulations however building control declined to inspect. They said "with the best of intentions we must decline to inspect as it would be unpalatable to all concerned".

    Would it have been possible to legally compel them to do their job? I would have buried the cowboy builder with their report.



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Comments

  • Registered Users Posts: 10,522 ✭✭✭✭Jim_Hodge


    Impossible to comment without the full story. I'm sure they'd say they had valid reasons.



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    What valid reason would a building control authority have for not inspecting breaches of building regulations. It is their duty to enforce building regulations.

    Could a solicitor legally compel them to do their job?



  • Registered Users Posts: 1,992 ✭✭✭Mongfinder General


    As a general observation - if there’s a way for a state/semi state body to sidestep taking action on a problematic issue, they will do so. And there usually is a way.



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    Thanks for your comment. I understand what you are saying but I'm wondering if they would be legally obliged to inspect?



  • Registered Users Posts: 3,632 ✭✭✭Wildly Boaring


    Well you see you see in building control's world you, as the owner, would also be liable for an enforcement notice..... Hence unpalatable to all concerned


    Was there a commencement notice? What type?



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  • Registered Users Posts: 984 ✭✭✭Still stihl waters 3


    Why don't you pay an independent consultant to do a report for you



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    That's true and they did say that but I accepted that and asked them to inspect but they declined. They were helpful in the end and things got resolved but it let the builder off the hook.

    Your point would insinuate that the building control authority has no power then.



  • Registered Users Posts: 3,632 ✭✭✭Wildly Boaring


    No they have loads of power and were protecting you from yourself.

    If they came out and found serious breaches you could be in as much bother as the builder. This is how the building regs work. The owner and the builder are responsible.


    Was there a commencement notice?



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    I did but the builder said that he didn't agree so I sent the report to the building control authority and requested an inspection.

    It was my intention to proceed legally with the Building Control Authority report but a resolution was agreed.



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    A commencement notice? It was a home adaptation grant.

    It's resolved now but I wondered what might have been.



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  • Registered Users Posts: 7,724 ✭✭✭growleaves


    No but you can get Roy Keane to come out, look at them in befuddlement and say "But its your job".



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    lol. Another poster said they've loads of power but it seems that they don't want to use this power so why do they exist



  • Moderators, Business & Finance Moderators Posts: 10,066 Mod ✭✭✭✭Jim2007


    You own a building that is not in compliance and you report yourself to the authorities….. and then you expect them to take action against whom exactly??? The result will be the property owner! You hired a building contractor that failed to deliver on his contract with you, it’s up to you to sort your mess out.



  • Posts: 0 [Deleted User]


    So it’s the house owners fault of a builder messes up a job? If this is the law, it’s an ass. It’s like the concept of blaming the patient when a doctor messes up. 🤷‍♀️



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    Thanks for your reply. You are correct however this situation was slightly different. It was grant work that the council paid for. The builder wasn't willing to put things right so I contacted the building control authority with the intention of using them to force the builder to fix. They said they would have to prosecute me which I accepted but they would have been prosecuting someone for work that they had effectively signed off and paid for so a resolution was found.

    My question is could they be compelled to inspect via solicitor or maybe court order?



  • Registered Users Posts: 3,632 ✭✭✭Wildly Boaring


    Yes. You as the owner, should have lodged a commencement notice for the works.


    You can opt out of BCAR for home adaptation, may even be short form notice, but you should have put in a notice.


    Not putting in a notice cannot be regularised after the fact. So the works might have to be demolished.


    Also as above the owner can be in trouble along with the builder for non conforming works.


    This is why you should engage a professional on your behalf when doing building works.


    As I keep saying BC were doing you a favour by staying out of it.



  • Registered Users Posts: 3,632 ✭✭✭Wildly Boaring


    Post edited by Boards.ie: Paul on


  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    Yes unfortunately a builder can just walk away

    Post edited by Boards.ie: Paul on


  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    Just checked and yes commencement notice sent in. You can opt out but you are still obliged to comply with building regulations.

    I did engage what I believed was a professional even though building regulations were breached during construction and when the builder did repairs. They even said they couldn't give an invoice because I didn't pay vat even though they charged me vat.

    Building Control didn't stay out of it. They organised the resolution.



  • Registered Users Posts: 3,632 ✭✭✭Wildly Boaring


    Building Control didn't stay out of it. They organised the resolution.

    That would have been handy in the OP



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  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    Sorry I didn't want to get into it. I just wondered if push came to shove could I have gotten a solicitor or some sort of court order to force an inspection.

    Building Control organised a second home adaptation grant and eight weeks in a hotel while the work was demolished and rebuilt so the taxpayer footed the bill. I wasn't happy with this route as I wanted to bury the cowboy builder



  • Registered Users Posts: 243 ✭✭chunkylover4


    You could seek an injunction but assumedly damages are an adequate remedy unless there is an imminent danger that couldn't be resolved in any other way.



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    What would that do? Would it force a building control inspection?

    I'm just rethinking what routes I could have taken. It sickens me that the conman builder got away scot free, well apart from the reputation damage



  • Registered Users Posts: 8,050 ✭✭✭joeguevara


    The answer to the question would be determined by the classification of the person as an employee: contractor etc.

    As it appears to be a builder, are they full contract signer or a single v contractor. Then you need to look at the contract and specifically the severance section and the dispute resolution section. Most construction contracts have an arbitration clause and disapply court save for limited circumstances. You then need to look at the reliefs allowed under the contracts any exceptions or get out clayses

    there Nat we’ll be a specific performance where relief is granted they may be compelled to complete or if the arbitrator compensation for non completion. Usually the other side would argue a break down in relationship meaning impossible to continental there may be milestones from third party needed or a common one is reassment of costs due to price increase.



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    There was no detailed signed contract like building a house but it's fairly straightforward. I employed a builder to do work and they breached multiple building regulations. I let them back to do repairs and they breached more building regulations. Building Control who are supposed to enforce regulations would not inspect and just threw public money at the problem.



  • Registered Users Posts: 8,050 ✭✭✭joeguevara


    It is Important to determine how you employed them in order to ascertain what dutymof care they have and what obligations there is. Was there a terms of business, reference to a standard template conditions. The more informal the relationship the less likely of resolution. And Ir scope Of work isn’t agreed it’s a task the, to compel them after the fact



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    Any builder must comply with minimum building regulations by law regardless of what contract was in place. My builder did not. The building control authority is a department of the council and they were faced with prosecuting a sick person for work that their council had signed off and paid for which resulted in a resolution. Unfortunately situations like this allow builders to cut corners due to lack of regulation. There appears to be very little accountability or recourse in construction.



  • Registered Users Posts: 243 ✭✭chunkylover4


    You could seek a building control inspection but again, the cost would not be worth it vs what did occur.



  • Registered Users Posts: 3,469 ✭✭✭Ginger83


    but building control refused to inspect at the time and that's why I asked if I could legally force them to inspect



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  • Registered Users Posts: 8,050 ✭✭✭joeguevara


    Building control are only obligated to inspect once complete . If not complete you can’t compel them to inspect. Now it get tricky it up you don’t have a contract with the builder because without it there is no enforceable obligaton , you could seek enforcement from building control to remove offending works but without any contract you would have to remove them ,



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