Restoration & Refurbishment

Legal responsibility for sewage pipe complying with Building Regs-home owner or builder?

Anonymous user 28/02/2024 - 3.02 PM

Hi, Unfortunately when I first moved into the property I employed a builder who has consistently fallen short in all aspects. Since this debacle I have been extremely careful with the contractors I have employed and contacted Building Control, as necessary, to clarify any issues. Part of the original builder's brief was to construct a foul waste pipe from a WC in an out building to the septic tank. When Building Control inspected the works I was informed that they didn't comply as the builder had not used a pea gravel bed, as required. As a result, I have tried to get the builder to complete remedial works to ensure compliance. The builder has stated that it is not his responsibility because I did not mention that the works had to comply with the regulations, however he did know the purpose of the pipe. Therefore my question is; Is the builder liable for the remedial works under law? Should an experienced builder know the Building Regulations relating to this type of work? Thank you for your assistance. Update 7th March. Thank you for your responses. Having researched this issue further it appears to be a 'grey' area. For instance under The Building Regulations 2010 - Materials & Workmanship Reg 7 states that the people responsible for the building work e.g builder are responsible for compliance however the building owner may also be responsible. However legal precedent under 'Fitness for Purpose'. Under English or Common law, the fitness for purpose duty is stricter than the ordinary responsibility of an architect or other consultant carrying out design where the implied obligation is one of reasonable competence to “exercise due care, skill and diligence”. In Greaves v Baynham Meikle, Lord Denning said :- "Now, as between the building owners and the Contractors, it is plain that the owners made known to the Contractors the purpose for which the building was required, so as to show that they relied on the Contractors’ skill and judgement. It was, therefore, the duty of the Contractors to see that the finished work was reasonably fit for the purpose for which they knew it was required. It was not merely an obligation to use reasonable care, the Contractors were obliged to ensure that the finished work was reasonably fit for the purpose." (Jeremy Glover - Fenwick Elliot) It could be argued that the constructed sewage pipe was not 'fit for purpose' as it can't be used until Building Control have approved it. As the amount of money involved is reasonably small taking this issue to the high court would be foolhardy. In my opinion all builders/contractors should be issued with a local authority licence number and for this licence they should be obliged to ensure that their work complies with current Building Regulations.