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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just finished refurbishing a new property. I employed

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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?

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 1 year 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 1 year ago.
Also he did the initial works approval application form from Westminster so that was in his remit
Customer: replied 1 year ago.

I can't type that fast!

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 1 year 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

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 and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No thats all thank you very much