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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I had plans drawn up and approved by a planner to extend a

Resolved Question:

I had plans drawn up and approved by a planner to extend a long standing existing roof which previously covered almost half of the rear of the property to cover the entire rear area - the existing roof we now know to be at pitch of 13% yet the new plans stipulated a pitch of 20% using tiles etc only usable at that pitch - the builder simply extended the existing roof and the planner has admitted he did not measure the existing roof pitch and building control will not sign off the work - at the same the plans also included new utility/shower room and communicating replacement garage again at 20% pitch - these were built at the same 13% pitch - is the planner responsible for the entire re roofing c£25k or only that amount relating to the existing roof c£15k
The builder is no longer trading but the planner who admits his mistake is a self employer house owner
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is the builder a sole trader or Limited company please?

Alex Watts :

Did the planner get it wrong or was it the builder please?

Customer: The builder is/was a ltd Co but ceased trading
Customer: the planner admits his plans were Wrong - you can't increase the pitch of an existing 13% roof to 20% half way across!
Customer: he is still trading and we are in contact with him
Customer: the builder (and the local planning dept for that matter) should have realised that it was impossible to build the extension at such a low pitch - oh and it leaks!!!
Alex Watts :

And what is the cost of putting it right?

Customer: As per
Alex Watts :

Ok - so £15,000?

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. As the claim is for above £10,000 (small claims limit) then you would need representation for Court.


 

Alex Watts :

However the planner would be insured so you do not need to worry about him losing the house

Alex Watts :

Can I clarify anything for you about this for you today please?

Customer: Thanks
Customer: £25 k for entire re roof c £15 for cost of completing roof across kitchen etc
Customer: He does not have PI should I claim for 25 or 15?
Customer: Presume either way I need to have job done paying total costs myself and take action afterwards?
Alex Watts :

You need to claim for the cost of putting it all right.

Customer: "thanks again
Alex Watts :

Does that help?

Customer: as I don't have any legal expense cover at home and as planner has admitted his error and has said " got no money so you will have to sue me" (despite spending a month in Canada over Xmas and new year I am worried about costs
Customer: dont suppose you know any solicitors in bournemouth?
Customer: 0
Alex Watts :

I am not allowed to recommend any but if you go to:

Alex Watts :

http://www.lawsociety.org.uk/find-a-solicitor/

Alex Watts :

You can find ones in your area

Alex Watts :

Does this help?

Customer: replied 2 years ago.
As the planner has admitted it's his fault and presume he has assets to spare will any solicitor take this up on some form of no win no fee basis if he decides to defend the action?
Expert:  Ash replied 2 years ago.
You can check but generally Solicitors do not take on no win no fee cases as a rule of thumb.

But in any event you may be able to claim costs back to be added to any Judgment debt.

You can ask Solicitors, but don't be surprised if they say no.

Can I clarify anything for you about this today please?

Alex

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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