How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have just finished refurbishing a new property. I employed

Resolved Question:

I have just finished refurbishing a new property. I employed an architect for the project. I have just discovered that he should have applied for planning permission for the outside deck and fence. He did not do so, he has done this retrospectively but I may have to pull the deck down if Westminster Council do not approve. Where do I stand legally with this? I paid the architect a lot for this service, surely he should have checked this before drawing up plans?
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.

Did you instruct the architect to do this for you, or did they just design the build?

Customer: replied 5 months ago.
I discussed with the architect about opening chimneys , he informed me permission was required for this, I asked him to look into this, so he was aware that I needed him to do this. I can look at his contract and see if he mentions this
Customer: replied 5 months ago.
Also he did the initial works approval application form from Westminster so that was in his remit
Customer: replied 5 months ago.
hello??
Expert:  Ash replied 5 months ago.

I can't type that fast!

Expert:  Ash replied 5 months ago.

Please. This is quite important. You need to check.

If you had instructed the architect to do the whole package, ie planning etc inclusive then he would be liable.

However had you JUST instructed for the plans and that was it, then the onus would be on you to make sure you had planning permission.

Therefore you need to check the contract, the instructions and what has or has not been done.

It will all be in the contract and what you asked the architect to do

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
I am looking back at old emails from him, when he first visited the property he told me there was no planning required. I took his advice as I assumed that he as the architect knew what he was talking about
Expert:  Ash replied 5 months ago.

Ok - if he told you and you relied on it then he could be liable.

Therefore as such you could sue for loss and damage, which includes any additional costs.

The architect would be in breach of the consumer rights act 2015 by failing to act with all reasonable skill and care.

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 5 months ago.
No thats all thank you very much

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice