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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice.
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Are builders allowed to take pictures of work done to a flat

Customer Question

are builders allowed to take pictures of work done to a flat and put them online without the consent of the owner's of the flat?
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think they shouldn't ?
Sorry if I am missing the point.
Customer: replied 1 year ago.

Hi Jo, my partner and I are not comfortable seeing pictures of our flat, pre-works and post-works, all over the place on the internet. The pictures were taken without us knowing, and placed on the workers' website, Facebook, and a number of other redecoration site without our knowledge, let alone consent. As we have not been treated very well after the final payment, we are also not happy to act as advertising for a service that was at best average... If the law does not provide any protection for us, I suppose we will just have to grin and bear it, but ideally we would like to get them to take the pictures offline.

Expert:  Remus2004 replied 1 year ago.
Thanks.
I'm really sorry but there is no case.
Photographs are the property of the person who takes them unless they act under contract to somebody else - like a photographer that is paid for the negatives.
A person does not need consent to take photographs in the UK. If they did the activities of the press would be unlawful almost all of the time.
The press have been regulated a little by the Leveson enquiry which does restrict their activities but that doesn't apply to builders.
Unless you specifically agreed that there were to be no photographs in advance there is no action that can be taken I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thanks for this. Just two things I would like to clarify:

(1) so the fact that the photographs are the interior of my private property is irrelevant? They have pictures of my bathroom, kitchen, hallway... Can one go into anybody's flat, take pictures and post them online? I was hoping not :-(

(2) what about the fact that the pictures misrepresent the work they did and the fact that they claim the design as their own while in fact the ideas are ours, and they just executed the work?

Thanks

Expert:  Remus2004 replied 1 year ago.
A] Yes.
You cannot enter without permission to any property but they had permission. If you take photographs whilst there then you are free to do that. You can be asked to leave but they were not.
B] That is a non issue.
Plain fact remains they did the work.

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