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Buachaill, Barrister
Category: Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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i own a building with approved local authority passed planning

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i own a building with approved local authority passed planning permission to develop into 4 flats and a commercial unit, the planning was obtained by an established architect/firm and are very well known to my local authorities,i can confirm they are riba and arb registered, my problem is that the contractors that i have agreed with to do the development have sent there engineers and and party wall people and found that the measurements the architect has done fall short of the passed plans that we submitted to the local council, all 4 flats have a shortfall ie 1 has 3.9 square metres missing another has 2.9 another has 1.9 and the last 1.7, i have some knowledge of what to do as ive spoken to arb but in your experience should this be a clean cut case of suing the architects .
name witheld

Buachaill :

1. It is a clear cut case of suing the architects in negligence as it is a botched job by them. However, you should keep a careful eye on what loss has beeen caused as this will be key when it comes to suing them. In essence remedial works will have to be carried out now. But will this mean that there will have to be a fresh application for planning? Most likely. You should also consider whether you wish to allow the same firm of architects remedy what has gone wrong and prepare fresh plans, this time with the aid of some positioning device which might get the measurements correct. However all these losses should be recoverable from the architects insurance policy.


since getting approved planning 2011 the mayor of london has brought in the new london plan for properties, my development falls short of the required space so therefore will probably have to re apply for 1x1bed flat and 3x3 bedsits as opposed to my original of 1x2 bed flat and 3x1 bed flat, am i also within my rights to claim for this substantial loss in the difference between property value and future values.

2. Dear Alan, if you can show that as a direct result of the architects' actions you suffered loss in your property rights, then you are entitled to be compensated for this fact. In essence, as the development is now less valuable, you are at a loss, as you lost the benefit of the pre-existing planning ability owing to the passage of time due to the architects default. This is recoverable loss as it is directly related to the architect's default.
Customer: replied 4 years ago.

can you give me your knowledge on the type of lawyer or expert i need to help me go forward with this claim,also property is increasing in value year on year and especially mine being on the borders of the square mile,olympics,river thames docklands and 300 metres from the new crossrail link to be finished in the next couple of years, can i claim for future loss of some kind.


many thanks so far you have been very helpful Alan

3. Dear Alan, I regret to say that you will not be compensated for any "future loss". You will only be compensated up until the date of the legal hearing. Secondly, you should get yourself a solicitor who is an expert in building and planning law. Additionally, an expert architect, preferably from some body like the Royal Institute of Architects will be needed to provide expert evidence on what went wrong and the proper amount of loss. This expert will be required to give evidence a the trial, so he must be a good witness in the witness box. So choose someone with experience.
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