"Councils can serve a notice on people carrying out construction or demolition works & tell them how the work should be carried out to avoid a potential statutory noise nuisance.

The notice can specify: a noise level, the plant or machinery that can be used, the hours when work can be done, & steps that need to be taken to minimise noise.

Those failing to comply can be prosecuted & fined. People can apply for consent & must include details of: the work, how it will be carried out, & what steps will be taken to minimise the noise. The council must give consent for the work if it’s satisfied that: the application contains enough information, & it won’t need to serve a notice to control noise" [1]

As building work can be noisy and disruptive to neighbours and anyone in close proximity, various regulations have been imposed with regard to the noise, and when builders are allowed to work. Permitted building noise (which is classed as noise which can be heard at the boundary of a building site), is set by local authorities in accordance with the 1974 Control of Pollution Act.

Standard Times For Carrying Out Building Work

·  Mondays to Fridays between 8am and 6pm

·  Saturdays between 8am and 1pm

·  Sundays and Bank Holidays only work which does not involve noise is permitted

Note: these times can vary according to your local authority, so it is important to check the current regulations with your local council. Moreover, there are some cases in which these regulations can be changed. For example, where planning permission is required, the permissions may include certain guidance on when work can be conducted. This is because carrying out work at the standard times, could for example, cause disturbance to local businesses.

Contractors who do not abide by the regulations could be subject to face huge fines in the tens of thousands of pounds. To that end, all parties can benefit by trying to negate noise problems before they happen. It is wise to give an overview of the project schedule to your neighbours. This should include the proposed dates and hours that work will be carried out.

Reference

[1]. Gov.uk (2017). "Noise nuisances: how councils deal with complaints."

https://www.gov.uk/guidance/noise-nuisances-how-councils-deal-with-complaints

"Building regulations contain the rules for building work in new & altered buildings to make them safe & accessible & limit waste & environmental damage. People carrying out building work must usually arrange for their work to be checked by an independent third party to make sure that their work meets the required standards. In some cases the installer can certify themselves that their work complies" [1]

Building Regulations in the UK comprise specific legal requirements. These are designed to ensure that the policies which are set out in the relevant legislation, are conducted in the correct way. Building Regulations approval is mandatory for virtually all building work in the UK, so to that end, any project that you take on, must conform to Building Regulations standards. Should the local authority in your region believe that the building work you have had completed does not adhere to Building Regulations, then you will not be issued a completion certificate. Furthermore, if you do not modify the work to meet the regulations, then the contraventions will marked in local land searches, thus giving you serious issues should you want to sell the property. In addition, on a very serious note, you could be susceptible to enforcement notices and substantial fines.

Looking at the Details

Building Regulations have been structured in order to guarantee that buildings are structurally safe and sound, with efficient energy and water systems. Furthermore, the construction must be disability friendly, thus making it access appropriate for anyone in a wheelchair.

The Building Regulations are divided into 15 different technical categories, running from A to R. These comprise:

·   Part A: Structural safety

·   Part B: Fire safety

·   Part C: Site preparation & resistance to contaminants & moisture

·   Part D: Toxic substances

·   Part E: Resistance to sound

·   Part F: Ventilation

·   Part G: Sanitation, hot water & water efficiency

·   Part H: Drainage & waste disposal

·   Part J: Heating & appliances

·   Part K: Protection from falling, collision & impact

·   Part L: Conservation of fuel & power

·   Part M: Access to, & use of buildings

·   Part N: Glazing safety (Withdrawn)

·   Part P: Electrical safety

·   Part Q: Security

·   Part R: Physical infrastructure for high-speed electronic communications network

So What’s the Difference Between Building Regulations & Planning Permission?

Decisions by planning permission officials centre on whether or not development should go ahead. In their assessment, they need to take various factors into account. These include: the visual aspects of a building, and the effects that the development could have on the broader environment. Conversely, Building Regulations are linked to the ways in which a building must be constructed.

UK Building Control

Building Control services are designed to ensure that all buildings are constructed and designed in accordance with current Building Regulations. Generally speaking, you can find the Building Control department/building inspectors at your local council offices. In addition to this, a number of Building Control officers work within the private sector as approved inspectors.

So How Can I Get Building Regulations Approval?

Prior to carrying out any building/alteration works, you must first check as to whether or not the works needs to be approved, and that the works will be fully compliant with Building Regulations. All projects which have to abide by Building Regulations, must be signed off by a Building Control officer. Popular projects include:

·      

·     Loft conversions

·     Extensions

·     Garage conversions

·     Cavity wall insulation

·     Underpinning

There are three different types applications if you apply to a local authority Building Control office. These comprise:

·       Regularisation: in which retrospective Building Regulations approval is only sought after construction work has already been carried out

·       Building Notice: in which only minimum information is presented to the Building Control officer, & no formal decision is taken. In this instance, the works are inspected during construction & then approved at the time of completion

·       Full Plans: in this case, drawings & other relevant information are given to the Building Control officer, & a formal decision is made

So Who is Accountable For Satisfying the Building Regulations?

The person/firm conducting the building works should make sure that everything is done in accordance with the latest Building Regulations. Ultimately, however, the responsibility is down to you, the owner of the building. If the Building regulations have not been satisfied, then you may be served with a legal notice.

Reference

[1]. UK Government (2021). "2010 to 2015 Government Policy: Building Regulation."

https://www.gov.uk/government/publications/2010-to-2015-government-policy-building-regulation/2010-to-2015-government-policy-building-regulation

"Carbon monoxide (CO) poisoning is caused by faulty or badly-serviced gas & other fossil fuel-burning appliances & systems. It is known as the silent killer because you can’t see, hear, smell, or taste it. According to the Chief Medical Officer: accidental carbon monoxide poisoning results in around 40 deaths & 200 hospitalisations each. Those most at risk are the under 14s & over 65s" [1]

A Clear & Present Danger

Carbon monoxide can be generated and amassed in your home through faulty appliances or insufficient ventilation. And while this type of poisoning can be down to the incomplete burning of solid fuels, oil or gas, the most common reason is poorly-maintained or faulty gas boilers. It is important to understand that when you are in an atmosphere filled with CO, your body will absorb it, and ultimately you will be starved of oxygen. This can result in headaches, nausea, dizziness, breathlessness, collapse, loss of consciousness, brain damage, and in extreme cases, loss of life. To that end, if you suspect a CO leak, open your doors and windows, and turn the gas off at the mains, immediately. Further, do not smoke or put on any lights or other electrical switches. If you feel very ill, then call 999.

Having the Right Safeguards in Place

All gas appliances and flues should be checked by a Gas Safe registered engineer, each and every year. Further, you need to ensure that you have at least one up-to-date carbon monoxide detector/ Only use top quality batteries, and be sure to write the dates that you change them on the back of the appliance. This can be done by placing a white sticky label on the back, and using a felt pen.

Being Aware

There are various warning signs that you need to be mindful of. For example, if your gas appliance (e.g. your fire or boiler), is burning fuel with an orange or yellow irregular flame as opposed to a crisp purple/blue one, then turn the gas off immediately, and call a registered gas engineer right away. Increased condensation is also a warning sign, as are dark marks around appliances; and

pilot lights which keep going out.

Further Information on CO

Visit the the 'Gas Safe Register' website.

Reference

[1]. POSPA (2021). "Carbon Monoxide Safety."

     https://www.rospa.com/home-safety/advice/carbon-monoxide-safety

Unfortunately, not all projects run smoothly, and on the odd occasion, you may find that you are involved in some kind of dispute. As home improvements are often complicated, errors can be made  by the contractor, and even the customer. To that end, if this arises, you need to know how to handle the situation in the best way possible.

The first course of action is to try to come to an amicable solution by discussing the matter directly with the contractor. This necessitates being able to present evidence to back up your claim, and that means keeping a record of everything (e.g. the contract, emails, letters and texts, works carried out, materials used, money paid). After the discussion, or if that has not been possible, after written interaction, give the contractor time to respond to your concerns, and deal with any issues. The vast majority of registered bona fide contractors want to satisfy their customers.

If you do not have any success, fortunately, there are a number of other routes that you can pursue:

Trade Associations

If your contractor is a member of a professional body or trade association (Main Contractor strongly advises that you only give the project to someone who is), then they are likely to have a complaints process or mediation service which could address your issues. So contact the relevant organisation and ask for advise.

Citizens Advice

The Citizens Advice Bureau (which can be found online), can explain your rights in regard to home improvements or building work.

Independent Mediation

Mediation could give both parties (you and the contractor), the opportunity to resolve your issue with the aid of an independent third party. Your local Citizens Advice Bureau can give you information on how to find a local mediator.

Legal Action

If you have exhausted all the aforementioned channels, then your only recourse may be starting legal proceedings. Unfortunately, this can be very expensive, and there is no guarantee that you will win the case, and even if you do, in some instances the contractor may refuse to pay due to bankruptcy, etc.

Water

If your water pipe suddenly cracks, the leaking water must be stopped right away in order to prevent your floors, walls and material goods from becoming damaged. In order to do this,

you must know where your internal and external stopcocks (the valves between two pipes) are located.

Internal Stopcock

This internal stopcock isolates the water in your home. It can  normally be found in the cupboard under the stairs, in the bathroom, or under the kitchen sink; although in rare cases, it could be

under the floor boards by the front door.

External Stopcock

This external stopcock can usually be located below a metal cover just in front of your property. It should be marked  'stopcock,' 'water', or simply 'w.' You need to be aware that you will probably

need a metal T-shaped bar (stopcock key) to turn the valve off.  - So it is a good idea to check that you have one before any emergencies occur.

When you find the external stopcock's location, turn the valve clockwise with pliers, or (if your hand is strong enough), by hand, until there is no more water coming out from the taps. If it is excessively stiff, then just apply a little WD40 or other lubricant, even olive oil, to make things easier. Test that the valve is easy to turn, several times a year. Note: if you live in an appartment, and turn the water off at the external stopcock, it will stop the water going to the entire building.

Isolating the Gas

The gas supply which goes into your home, can on occasions, be disturbed, and cause a gas leak. So  if this does happen, you must act immediately. Sometimes a gas pipe inside the house is accidentally drilled during building work. If this is the case, there will be a strong odour of gas, and you will hear a similar type of noise to the one you encounter when you switch on your gas hob.

Finding the Isolation Valve

This should be in the garage, under the kitchen sink, in the cupboard under the stairs; or in the case of newer properties, outside, adjacent to the gas meter, either near by, or in the same meter box. If you live in an apartment, your should have your own clearly marked shut off valve (secondary gas ECV), where the gas pipes comes into your home. Note: if your valve is in the plastic casing where the meter is housed, ensure that you have a key for any emergency situations.

Act Immediately

The second that you think you have a pierced gas pipe, turn the gas to the property off right away. Turn the isolation valve handle so that the lever is at 90 degrees to the gas pipe. There should be yellow taping on the pipe which shows you how to turn the valve off correctly. Then open all the windows and doors to enable the air to circulate.

Call the National Gas Emergencies Line

The next course of action is to phone the free 24 /7 emergency line: 0800 111 999. This should be clearly displayed on your gas meter. Note: If you need to call on your mobile phone, only do so from outside the property, as it could be dangerous to do so from inside.

Tell everyone in the property what has happened, and advise them that no one should smoke, put an electrical switch or appliance on, or use their mobile. An emergency engineer will come day or night, as a result of your call to the emergency line. They will stop the gas flow, and tell you to arrange for a Gas Safe registered engineer to come out and check where the leak is coming from; and then once repaired, test it prior to restoring your gas supply.

Locating the Fusebox

The electric fusebox controls the electricity which comes from the mains. It is sometimes installed in a box near the front door, or in a kitchen or hallway cupboard. Most units have RCDs (Residual Current Devices) and circuit breakers. In the event of an electricity fault, these act to trip or switch off the flow of electricity to a specific circuit. This action can stop dangerous power surges which can generate fires, and cause wiring to overheat. Moreover, it can protect the devices which are plugged into your sockets. Note: if you do not have an RCD, and your fusebox uses fuses which incorporate a wire which melts when it overheats, and thereby necessitates re-wiring, then it is wise to replace it with an RCD as soon as possible.

Using Architectural Drawings

If you are having any home improvements carried out, then be sure to refer to architectural drawings which could give an important insight into the location of your pipes and wiring. In the event that you do not have any, then prior to doing any hammering, drilling or screwing, be sure to check what is behind your walls with a cable, pipe and stud detector.

Prior to undertaking a project, it is common practice for contractors to request a deposit. This is especially so when it concerns substantial home improvement work, such as a loft extension. The tradesman will have to order materials for the job, and these can be very costly. Moreover, they will have to reserve a number of days or weeks for the job, and will need part of the deposit as an assurance that you will not suddenly cancel the project that you have agreed upon. It is only natural that having to pay money up front, can make some home owners feel concerned, particularly if the contractor has never carried out any work for them before. Moreover, customers may have read reports of people being conned. And while this is not a regular occurrence, the fact of the matter is that it does happen.

Main Contractor, strongly advices all customers to carry out due diligence prior to hiring. This includes checking the contractor's qualifications, their registration with professional associations, and their insurance liability. Looking at feedback from former customers on Trustpilot etc., may also be helpful, although it should never take the place of due diligence.

Further, Main Contractor advises all customers to keep a record of all their dealings with tradesmen. This includes all letters, contracts, deposits (receipts and proof of payment via a bank transfer, Visa card etc.); a record of emails, phone calls (including what was discussed), letters, etc., and your own record of days and hours worked by named individuals. The aforementioned are absolutely essential if you are involved in a dispute.

So How Much is the Deposit Likely to be?

Unfortunately, at the present time, there is no industry standard, and tradespeople are likely to charge anything between 5% to 20% of the total project value. If you are asked for more than 20%, then you should be on guard, and ask for an explanation. If you have organised a substantial project, then the initial deposit is usually the first payment of a number of arranged payment dates that are made throughout the project  when certain milestones are fulfilled. To that end, while there are some exceptional circumstances, there is little reason why you should be asked for more than 20% upfront. Always ensure that you are given an official receipt for all payments. Furthermore, if your project is sizeable, then you should be given a contract which lists the payment milestones/dates.

When Things Go Wrong

Unfortunately, homeowners can find themselves in various unwelcome scenarios. These include:

· Not being able to contact the contractor via phone or email after you have already handed over the deposit

· After you paid the deposit, the contractor expresses the need for more money before they can commence the work. This could make you concerned that they have no intension of doing the work at all.

· You are still in contact with the contractor, however, they continually make excuses as to why the project has not been started. This could reach a point where you feel that the work will never be done

Can I Reclaim My Money?

In certain cases, if you paid using your credit card, then it may be possible for you to reclaim your money via your credit card provider under Section 75 of the Consumer Credit Act. This clearly shows that paying cash is not a good idea, and that prior to paying by credit card, you should contact your provider to see if you are eligible for protection.

How Can I Deal With Disputes?

As projects involving home improvements are often quite complicated, it is crucial to try to come to an amicable solution by discussing any issues with your contractor/tradesman. If you are unable to reclaim the money that you are owed, then you can try to reach out the contractor's trade body (e.g. the Guild of Builders & Contractors, or the Federation of Master Builders), as they may offer a mediation service, which could enable you to settle the case. Needless to say, the contractor must belong to a trade body, so to that end, Main Contractor strongly advised you to only give a project to one who is. If you do not get any satisfaction, then you may be forced to to pursue a legal claim against them.

Sending a Letter Prior to Taking Action

If you choose to pursue legal action to reclaim your money, your course of action should be to send a registered letter to the contractor (the is known as a letter before action). This letter should clearly outline your claim, and state the relevant facts of the case. Further, it should give the respondent an opportunity to respond within a set time period; this is normally 14 to 28 days. It must also comply with Pre-Action Protocol, and as such, incorporate certain details, (these include: copies of documents supporting your case, how you calculated the claim, and the results that will bring the dispute to an end). You should also write that you are amenable to meditation (if this avenue has not yet been pursued).  If you need any help drafting the latter, then there are excellent resources at the Citizens Advice website.

Issuing a Claim

Making a claim is a fairly complicated process which necessitates being able to produce sound evidence, and potentially having to attend court hearings. Moreover, it is important to bare in mind that you will have to pay court fees, and in the event of losing the case, these cannot be recouped.

Further, even if you do win the case, if the contractor is unable to pay (due to bankruptcy etc.), then you are not likely to get your money back. Of note: it is worth making an online check to see whether a business or contractor has previously refused to pay after being taken to court.

In order to initiate proceedings, the claim can be made online via the UK Gov claims portal. Alternatively, there is a more expensive option which allows you to print out a paper form that can be filled out by hand, and then posted. The up-to-date fees are clearly displayed on the website.

Possible Results

After you have submitted your claim, you will have to wait to see how the contractor responds.

If you are lucky, the threat of imminent legal action may propel them to settle right away, or alternatively, they may accept mediation. Should they fail to respond to the court, then you can win a judgement by default.

Conversely, the contractor may make a counterclaim, or dispute the claim that you have submitted. Should this happen, if both parties are in agreement, you will be given the opportunity of free mediation, thus avoiding the need for court. Alternatively, you can continue on to a county court hearing whereby a judge will examine your case and issue a judgement.

Hiring one or more skips is essential for removing the huge amount of waste that comes from home renovations. If your contractor is carrying out a sizeable project, then they are likely to make the necessary arrangements. If however, the onus falls on you, you need to be mindful of various points.

Where Should I Place the Skip?

The best place would be in your front garden, or on your driveway (put down a large piece of plywood or wooden planks to even out the load, and avoid damaging the grass or tarmac). - Although these locations are not always possible due to narrow entrances and other obstructions. If it has to be placed outside your house on the roadside, then you must obtain a permit. This is issued by the local council for a nominal fee.

Further, if you opt to have the skip placed in a controlled parking zone, then you will be liable

for a parking suspension. Depending on where your house is, there are various council regulations with regard to covering it over night, and adding night lights.- So make sure that you find out what to do from your local council.

How Long Can I Keep the Skip For?

Two weeks is the standard time, however, the date of collection can be flexible subject to your needs. When you book the skip, be sure to inform the company if you require it for more than two weeks. This may incur an extra charge.

What Am I Allowed to Put in the Skip?

Skips for domestic waste fall into two categories: 1: Mixed Waste (e.g. builders' waste, household junk, garden waste, carpets, furniture and certain appliances. And 2: Inert Waste (e.g. cement, sand, soil and rubber). Generally speaking, mixed waste skips are the most expensive, due to the fact that

separating and recycling is more complex. Should you have any items that cannot be placed in the skip, see if you can take them to your council's local waste site.

Do Skips Come In Different Sizes?

Yes, they do. - The smallest ones are usually two cubic yards (enough for 15 to 20 filled bins bags).

Whereas the biggest ones are 12 cubic yards (enough for 100 filled bin bags, which is around 8 tonnes). While it can be difficult to decide on the right size for your needs, the best rule of thumb is to get the next size up from what you need. - It is much cheaper than having to order an extra skip.

Level Only Loads

The majority of skips are marked 'Level Loads only,' so be sure not to overfill your skip. If you do, then you are likely to face added charges, or be told to remove the excess. A good tip for packing your skip effectively, is to position old doors and other large, flat pieces of wood, at the sides of the skip; and to place heavy flat items at the bottom of the skip. Air pockets create dead space, so be careful not to create any. If you have any garden waste, then put it in at the end.

What Happens to the Waste in My Skip?

Good companies recycle a large percentage of the rubbish they collect by either handling it themselves, or taking it to a waste transfer station. The material will either be sent to a waste  energy facility, recycled, taken to a landfill site, or a combination of all of these.

Paying a lot of money for home renovations that do not live up to what you are expecting, can be extremely frustrating, particularly when you have have paid a small fortune to get the work done.

And although this is not a regular occurrence, if it does happen to you, you need to know what action to take.

While it is not always easy to determine why particular work does not meet the required standards you expect, in some cases, the matter can be crystal clear. An example of the latter is that if the work has not been signed off by a building regulator inspector, then it is clearly defective.

Typical Scenarios

·       The completed work is not what you had anticipated. - It may not have been exactly what you had asked for; or it could look different to what you had expected

·       Although the work that was carried out looked satisfactory when it was finished, since that time, there has been an issue (e.g. tiles falling off the bathroom wall)

·       You have now established that your contractor used inferior or different materials to the ones that he said he would use

·       You were not given one or more completion of work certificates (e.g. a certificate for a gas installation)

·       Building control was unable to sign off the work, as they did not conduct the inspection in the right locations of the building

Conducting Work in Different Ways

The fact of the matter is that two experienced contractors may carry out your work in totally different ways. And while it has to be said that some jobs necessitate hard-and-fast requirements, particularly under the realms of safety, various techniques and methods are clearly best practice. Moreover, some approaches are a case of habit and preference, and to that end, there is no real right or wrong answer. - This means that when work standards are assessed, it is not so simple to pinpoint   what areas of the work are not up to scratch. Moreover, getting a second opinion from a different contractor, is solely just getting another opinion. Therefore, what is needed is: to try to ascertain whether the work is below standard, by highlighting specific faults, and determining if these are due to poor workmanship.

Making Sure You Have a Written Quote

You are more likely to be able to come to an amicable agreement with your contractor, if you have been given a detailed written quote for the job. To find out how to help protect yourself, read our article: Quotes & Contracts.

A detailed quote should include various aspects such as the precise materials that the contractor should use. - If this has not been done, then you have a come back. Should your quote not cover the problem that you are taking issue with, then you may have to pay for any changes that the contractor has to make. If however, the problem relates to a certain fault, then you will need to discuss it with your contractor. If he has given you a written guarantee regarding your work, then he should re-do it at no extra charge. Read more in our article: Insurance & Home Improvements.

What Happens if Work Does Not Meet the Legal Regulations?

If you have had a substantial home improvement which has changed the structure of your property (such a loft conversion or extension), by law, the work that has been carried out will need to be inspected by an approved inspector,or your local authority's Building Control department. If they approve it for safety and energy efficiency standards, then it will be signed off, and you will be given written confirmation that this has been done. Moreover, other types of work such as gas and electricity installations, will also need to be signed off, and you will be given a certificate by the tradesman, as long as they are on a Competent Person Scheme register. If you are not given any of the aforementioned certifications, then you must contact the organisation that your contractor/tradesman belongs to.

What Happens if My Contractor/Tradesman Refuses to Rectify the Problem?

If you are certain that the work that you have had done is not up to standard; and your contractor/tradesman refuses to ameliorate the issue, and keeps ignoring you, then you may have to pursue legal action. In order to present the best case, you must have as much evidence as possible. This should include the written quotes and contracts that you initially made with your contractor/tradesman; as well as any written correspondence such as letters, text messages, emails; and logs of any face to face or phone conversations detailing what was discussed. As part of your claim, you should also have the paperwork pertaining to quotes and receipts for any rectification work that needs to be carried out by another contractor/tradesman.

Pursuing a Claim

Filing a civil claim over your financial dispute can only be recommended if all else has failed. Prior to making the claim, you will need to send your contractor/tradesman a formal claim (known as a 'letter before claim).' This will set out your grievances, and give them time to respond with a possible solution. If you are not happy with their reply, or if they do not respond within a reasonable amount of time, then, you can pay the required fee, and file the claim via the UK government’s claims portal. It is however, important to be mindful that there is no guarantee that you will get your money back.

Not everyone is always delighted with the outcome of the work that has been carried out on their home, and in some cases, the work never gets finished. But even though the latter applies to just a small percentage of people, it is important to know what to do if you should find yourself in this situation.

Common examples of unfinished work include:

·       The work is mostly finished apart from a few small jobs which need to be sorted out, but now the contractor is no longer available

·       Due to a disagreement (e.g. the time the work was taking), the contractor has dis-guarded the project

·       The contractor states that the job is concluded, however, you think that further work needs to be done

·       Your contractor stated that he will come back to continue the work, however, you are worried that he may never return, as he is making countless excuses

·       The contractor has not told you why he is not completing the work, and when you try to contact him, you do not get any response

Quotes & Contracts

As disputes about verbal contracts are commonplace, ensuring that you are given a written contract is the best course of action. Moreover, having everything in writing could serve you well if things do go wrong somewhere down the line. So find out more information in our article: Quotes & Contracts.

How to Deal With Unfinished Work

Your best way forward is dependent on two primary elements; No 1: How much money you have already handed over to the contractor; and No 2: Whether you have a clear agreement in place (regarding the works that have to be done), either in the form of a contract or written quote.

No 1: The amount of  money that you have already paid out for the work up until this time, is of great relevance. If you have only parted with a minimal deposit, or not paid any deposit at all, then your best course of action may be to move on, forget your loss, and find another contractor to do the work. Note: always ensure that he is registered, and has the relevant insurance. If you have already paid a deposit, then read our article: Handling Deposits.

No 2: If you have been given a detailed quote which clearly states what the range of works should be, then there should be little uncertainty over whether a job has been completed or not. If it is evident that the contractor has failed to carry out the work which is recorded in the quote, then should you wish to pursue a claim, this can be used as evidence later down the line.

Try to Contact the Contractor

The best and easiest consequence is that your contractor comes back and concludes the work to the standard that you expect. So to that end, try to contact them to see if you can come to an amicable agreement. If you cannot make contact, then do not hesitate to approach their trade association.

Many of these, e.g. the Guild of Builders & Contractors, and the Federation of Master Builders, offer mediation services which could help you to reconcile the issue.

The problem of why your contractor had ceased work, could be down to his company going bust, and the likelihood of his going bankrupt. Ultimately, however, if you have been left out of pocket, and your relationship with your contractor cannot be salvaged, taking him to court may be the only way forward. See more in our article: What happens if the Contractor Goes Out of Business.

Be Sure to Document Everything

Regardless of whether you have a contract or written quote or not, it is always wise to document all the events concerning the project, as they happen. This should include things such emails or texts made between you and the contractor, as well as a written account of face to face conversations, phone calls, including attempted calls (from either party), detailing when, and what was discussed. Dated videos and photographs of the work that has been carried out, are also valuable. Further, if you need to take on another contractor due to unfinished work, always make a note of the costs you incur, as this will constitute part of your claim.

Pursuing a Claim

If you are not able to settle the matter by any other route, then you can file a civil claim for the money you have lost. However, prior to taking action, it is important to send a 'before the claim' letter to your contractor. This is a formal notice which sets your claim, and what you require. Moreover, it will give your contractor an opportunity to react before you start any legal action. If you do not receive a response; or if you have had one, are not satisfied with the suggestion, then you can file a claim for your lost funds via the UK government’s claims portal. There is a fee payable, and there is no guarantee that you will win the case. For a more in depth look at this process, read our article: Handling Deposits.

Sometimes customers mistakenly assume that whenever a contractor carries out work on their home improvement project, and something goes wrong, they will automatically be covered by some kind of insurance, be it the contractor's or their own. However, the unfortunate fact of the matter is that home improvements are rarely covered by any insurance which the contractor may have. - This means that if there is an issue, and the work has not been completed correctly, or to the appropriate standard, then you could be out of pocket, and will not have any insurance protection. To that end, the following paragraphs detail the various kinds of available insurance, and how they might be relevant to your project.

Buildings Insurance

Generally speaking, buildings insurance is set up to protect you from damage brought about by unpredictable events (e.g. floods, storms and fires) which cannot be prevented. To that end, it is highly improbable that your buildings insurance policy will cover your building work, or any damage that occurs due to having it undertaken.

Of note: while the aforementioned stands, you must however, inform your insurance provider if you are having substantial building works carried out. This is because if you have changes made to your property without notifying the insurance provider beforehand, your current policy could be invalidated, and thus prevent you from submitting a claim.

Contents Insurance

This form of insurance is set out to cover the material items your home in the event of: damage to your curtains, carpet, jewellery, electronic goods, and so on. However, should your insurance policy has coverage for accidental damage: if your contractor damages any of your material goods (for instance, the his work damages your TV or computer monitor, then you may be entitled to submit a claim. In addition to this, your contractor could also file a claim via their own public liability insurance.

When it comes to the materials which have been brought specifically for the project (for example a new bath); while your home contents insurance will not cover any damage, your contractor could make a claim under his public liability insurance.

Public Liability Insurance

This type of insurance protects the contractor against any claims regarding their legal liability for property damage or personal injury which has been sustained by third parties, and arisen during the course of their business. While all contractors and their businesses are obliged to hold up-to-date public liability insurance, prior to agreeing to having the work done, the onus is on you to ask to see proof. - This can easily be sent to you via email. So this form of insurance is set up to cover the contractor's or businesses' compensation claims or legal costs that have arisen due to their work, it  protects the contractor/ business, but does not cover disputes such as shoddy workmanship.

Professional Indemnity Insurance

This is somewhat like public liability insurance, in that it is set up to cover a business/sole trader if they cause their customer reputational of financial loss due to something they have done in the course of their work.

Contractors' Guarantees

While some contractors and their companies offer customers certain guarantees for the works they carry out, the fact of the matter is that in a substantial percentage of cases, these turn out to be worthless. Indeed, while a contractor's personal guarantee could claim to cover materials and workmanship, at best, such a guarantee would only be viable if  the contractor is still classed as trading. To that end, any such

guarantee must be supported by an appropriate up-to-date insurance policy which covers the contractor suddenly ceasing trading.

Staying on the Safe Side

It is important to ask your contractor to send you a written guarantee, as well as copies of all his/or his businesses' relevant forms of insurance. These will be essential if you have to deal with any disputes.

Product Warrantees

Such warrantees cover certain products (e.g. damp proofing products and roof tiles). Therefore, if an item is broken or faulty, then the company is obligated to replace it, or issue a refund. Whether or not you will have to spend out extra funds on having the work re-done, will be up to the individual contractor. Note: warranties automatically become void if the contractor does not install an item in the correct fashion.

"It has long been the Government’s aim to broaden Permitted Development Rights to enable owners to extend their properties upwards. Permitted Development Rights allow the improvement or extension of homes without the need to apply for Planning Permission, where that would be out of proportion with the impact of the works carried out. They derive from a general Planning Permission granted by Parliament, rather than from permission granted by the local planning authority (LPA)" [1,2]

Countless home owners across the length and breath of the country successfully add new living space, and dramatically bump up their house's re-sale value by extending and improving their homes. However, the idea of applying for planning permission from the local authority - a process which can, in some instances, be very time consuming, can deter people from getting on with the transformation they have dreamed of. But now there's some good news: since 2109, permitted development rights have been permanently loosened.

Planning Permission

Planning permission refers to approval to alter or erect buildings, or other structural developments. It must be formally granted by the local authority.

Permitted Development (PD)

PD rights enable you to conduct various improvements, and extend your building up to a specified volume percentage of your existing house, without being obliged to apply for planning permission. Note: permitted development regulations relating to England, Wales, Scotland and Northern Ireland, are different.

Permitted development has a demanding work criteria, so to that end, it is crucial to confirm that planning permission is not needed. This confirmation can be done either with a qualified surveyor, or the local authority.

What Kind of Work Can I Carry Out With Permitted Development?

·  You can have an extension built

·  You can extend your house by 8 meters to the rear if you have a single storey extension; or 6 meters to the rear with a double extension. Height and rear boundary limitations are applicable

·  Your extension must not go forward from the building line of the original building; moreover, it must not cover over 50% of the garden

·  The extension should be built using similar, or the same material, to that which was used on the existing house

·  Side extensions are allowed, as long as width and height restrictions are adhered to

·  The same regulations apply to conservatories

What About a Loft Conversion?

· You can convert your loft into living accommodation

·       You can extend your roof by a maximum of 50 cubic meters (for semi-detached and detached houses), and 40 cubic meters for terraces

· You can add roof windows and dormers, however, they must not stretch out beyond the plane of the roof's slope at the front of the building

· Windows which face the side of the property, should be obscure-glazed.

Can I Build A Porch?

Yes, you can! However, the following regulations apply:

· The external footprint should not take up any space exceeding 3 square meters. Further, it must not be higher than 3 meters above ground level

· No part of the porch is permitted to fall within 2 metres of the highway, or within 2 meters of the original property

· Building a greenhouse or shed is also permitted

· Only a maximum of 50% of the area of land around the original house, may be covered

· Raised platforms, balconies and verandas, are not allowed to be built under permitted development

· Outbuildings are subject to height restrictions, and can only be single storey

Am I Allowed to Add Doors and windows?

Other than a new bay window, which is classed as an extension; fitting roof lights, skylights, doors, and new windows, is permitted - however, building control may need to be informed.

Putting the Spotlight on Permitted Development Rights

PD rights only applicable to private houses, as listed buildings and apartments are excluded. Furthermore, properties in green belt, conservation, or other specially designated areas, are subject to further limitations.

PD Rights & Extension Work Allowances

Property development rights can be used as often as required, however, allowances for extension work may only be utilised once. To that end, if you are purchasing a house, the onus is on you to investigate which property development rights have been withdrawn, modified, or used.

Although in the majority of cases, it should be feasible to ascertain whether your project qualifies as PD, there are however, cases in which greater clarification will have to be sought.

Estimates, Quotes & Verbal Agreements

Your contractor may give you an estimate for the work that you would like to get done. - An estimate can be described as: an approximate judgement or calculation of the value, number, extent or quantity of something. It is also a relatively loose way of determining the scope of the work that will be carried out, and how much you might expect to pay for it. It does not however, constitute a explicit commitment to undertake work for a set price, meaning that over the length of the project, costs can shoot up.

Conversely, your contractor may give you a verbal commitment to undertake your project at a certain price. It is however, important to note that without having this in writing, the agreement can be extremely difficult to prove. For the majority of projects, a written quote is the best option because as soon as it is accepted, it forms a binding agreement which gives both the customer and the contractor a basis on which to create a reciprocal understanding of what is anticipated. That being said, the quote must include the following:

·       The total price of the project

·       Exactly what works will be conducted

·       The name/s of the companies who are in charge of providing the materials

·       The date that the project should be completed

Why Getting a Written Quote is a Wise Move

Not all projects run as smoothly as we would like, so if things do go arye, having a written quote will provide you with the written accountability which was made by both sides right from the get-go. Moreover, the contractor will be able to show if he has done what he stated he would do. One element of great importance is that when a quote has been accepted, it locks in both the final price payable, and the work to be completed. In other words, your contractor has a commitment to finish your project for the agreed price, regardless of whether he will have to do more than he originally estimated. - So whether the job is substantial, or only small, by taking this written contract route, you are not likely to be faced with any unwelcome surprises down the line.

Do I Need to Ask For a Full Written Contract?

A written contract ensures that both the customer's and the tradesmen's expectations are the same. And although it may not be possible to get one for a small job, it is certainly important if it concerns  a building project for your home. - This is because of the extent of the work, the complexities of various matters, milestone payments, and its significant cost. Further, the written contract will give a precise description of the works to be carried out (including the manufacturer's names of various items such as bathroom suites). The terms of payment will also be set. This will include whether a deposit and staged payments are required; when the final invoice will be due; and whether you will need to pay for any materials up front.

Furthermore, the responsibilities of both parties will be written out. This could include elements such as: whether it will fall on the contractor to clear up the debris after the work is completed; and whether the customer will be responsible for granting access to the property at specified times.

What Happens Regarding Alterations to the Original Quote

If agreed changes do occur during the length of the project, it is very important to ensure that this is put in writing, and signed by both parties. This way, if there are any disputes, then the agreed amendments can be shown together with the original contract.

Defects

Contractors frequently provide a guarantee for their work, and the materials that have been used. If however, this is not the case with your contractor, then the best course of action is to ask him to give you a written confirmation setting out which potential defects they are willing fix at no charge, over a certain period of time, e.g., 12 or 24 months.

Mutual Assent

This is a formal way of stating that both parties are in agreement on a particular matter. It must comprise: an Offer (e.g. the contractor may offer to replace your door locks); and an Acceptance (e.g. the customer agrees to pay for the works as stated in the contract, and both parties agree to the terms). Of note: while mutual assent can be made verbally, it is far easier to prove if you have it in a written contract.

Peace of Mind

Nothing beats having peace of mind, and this is especially so when the project is very costly. Having a good line of communication with your contractor is essential, but over and above this, Main Contractor strongly recommends that you always ask for a written quote and written contract. Always be mindful of the fact that should you run into issues, and have to take your case to court, then a written quote or contract will strongly benefit your case.

How Do I Notify the Local Authority's Building Control Department?

There are two different ways that you can legally make a notification regarding your Part P electrical work:

Number 1: Self-certification via a qualified tradesman who a: is registered with a Part P competent persons scheme, and b: who can conduct electrical work that conforms to safety regulations. He/she will provide you with a compliance certificate once the work is completed. Moreover, they can interact with the Building Control department on your behalf.

Number 2: If your electrician carries out notifiable work, but is not on the register of one of the applicable, competent person schemes, then you can you can submit a Building Regulations application to the Local Authority Building Control department.

"By law, gas engineers must be registered to be able to work on gas installations. Get any gas appliances installed & regularly serviced by a Gas Safe registered engineer.

Don't use any gas appliances that you think aren’t working properly.

Make sure that ventilation bricks, grilles or outside flues aren't covered or blocked.

Fit a carbon monoxide detector to use as a guide only. Don't rely on it completely" [1]

It is imperative that you only allow a Gas Safe registered engineer to undertake any form of gas work within your home. Of note, ever since the beginning of April 2009, the British CORGI gas register was replaced by the Gas Safe Register. To that end, legally speaking, any gas engineer who visits your home to do any form of inspection, or work (for example: repairing or installing a gas hob, cooker or fire; servicing, repairing or installing a gas boiler; or conducting any other type of work on a liquid petroleum gas/natural gas supply heat producing appliance), must be registered with the Gas Safe Register.

Always Conduct a Check

Prior to taking on a gas engineer, check that he/she is on the Gas Safe Register, and when they come to your property, ask to see their Gas Safe Register ID card. Of note, it is important to be mindful that gas engineers are only qualified to implement specific types of gas work. To that end, prior to hiring, be sure to ask what areas of work they are qualified to undertake, and get it in writing. Alternatively, if gas work is going to be undertaken in any projects that you are having managed, make sure that your builder confirms in writing that: only Gas Safe Registered tradesmen will be performing the gas work, and that you will be given the necessary legal paperwork on completion.

Reference

[1]. SSE (2021). "Gas Safety Advice."

https://sse.co.uk/help/emergencies/gas-safety-advice

While this is far from a regular occurrence, it can happen if the contractor suddenly goes bust in the middle of the project. So if you are left in this terrible dilemma, what should you do? The first course of action is to compile written and photographic/video evidence which shows the point at which the work was stopped, and what the financial implications are.

If you have handed over the deposit recently, and the contractor has not yet started the work, then you need to take action to recuperate your funds. In the same vein, if you gave the contractor funds to buy materials which were not delivered to your property, then you need to request a refund, or ask for the materials. Conversely, if your contractor has completed part of the project, and you have been making periodic payments: if the level of work which he has already done is fair in regard to the payments he has received, then the best way forward may be to find another contractor to complete the work.

Sole Traders

If your contractor is one of the many sole traders in this profession, it means that they are the sole owner of their business, and are legally responsible for its liabilities. To that end, you need to investigate whether the contractor has really gone bust, or whether it is one of the rare instances where he is just scamming you. This is done by checking the Insolvency Register, which lists partnerships and sole traders which have ceased trading.

If the contractor has officially ceased trading, and owes you money, then you need to get in touch with the receivers who are handling the bankruptcy. You will need to provide them with all your evidence, and ask them to make you a creditor - thus initiating a claim for the funds you paid the contractor, less the materials and work he provided. Unfortunately, however, there is no guarantee that this procedure will help. This is because there is likely to be a long list of creditors that come way before you.

Limited Companies

A percentage of contractors conduct their work through a limited company. This is a legal system which renders the business its own legal entity. It is detached to its shareholders (owners) and directors (managers), even when the contractor is the business's sole shareholder and director.

If your contractor operates via a limited company, then you can run a check with Companies House - this will show whether the company has gone into administration. If they have, then follow the same course of action (applying to the administrators) which is shown under sole traders.

Other Ways to Recuperate Your Money

If you paid for the work using your credit card, then under Section 75 of the Consumer Credit Act, you might be able make a claim, and warrant a refund. Alternatively, if you used your debit card, you could enquire about the Chargeback scheme. This generally gives users 120 days to lodge a claim against a payee.