- Written by
- Andrew Harbourne, Consultant
As the days get warmer, work begins on home extensions, conversions and renovations across Kent, Greater London and the Southeast. Unfortunately, too many of these home improvements end up as nightmares. If you’re planning a home improvement project this Spring, Mustafa Sidki, a Partner in Thackray Williams' Dispute Resolution team and Andrew Harbourne of Thackray Williams' Construction team explain what you can do to help your grand designs run smoothly.
Most people know that home extensions or renovations can take much longer and cost much more than expected. You can’t eliminate all the risks, but you can try to avoid some issues and limit or plan for others. the right consents
Getting the right consents before you start any building work can save a whole lot of headaches. Exactly what you will need will depend upon the type of project; the following checklist will help you identify what you will need for your renovation.
What planning or building consents will I need for my home renovation project?
• Planning
• Listed building consents
• Building regulations
• Architects/drafts people (to use their design drawings)
• Mortgage company
• House insurer or the insurer of the block if you’re in a flat
Are there restrictions on what home renovations I can do without consent?
• Check your lease or – if you own a freehold – check your title documents
How might my home renovations project affect my neighbours’ legal rights?
• Interfering with any right to light they have
• Party wall legislation
• Other nuisance or damage – this should be addressed before building work starts to ensure formal agreements are in place
The range of consents that you may require means you are likely to need advice from specialists such as architects, surveyors and lawyers at an early stage.
What due diligence should I carry out before starting my home renovation project?
• Get plenty of written estimates from builders and/or the trades. Ultimately, the success of your project may depend on the quality and reliability of the people you use, so it’s worth carrying out checks to ensure your project is in safe hands
• How well do you, or people you trust, know those people? Are you able to inspect work they have done previously or talk to some of their clients?
• Do your contractor and tradespeople carry the insurances they should have for damage to the works and to other people’s property and injury to employees and others, for example? You might need the input of an insurance broker to ensure all the right cover is in place
• Unless you have time and an adequate level of technical knowledge yourself, having an expert (such as an architect or project management surveyor) to act as project manager to supervise the work of your contractor, or indeed all those involved in the project, could be well worth the money. Ask how often they will inspect the work – you don’t want them missing something unsatisfactory because they weren’t there in time to spot it
What paperwork should I put in place for protection?
• You should consider getting your builder to enter into a formal building contract, such as the homeowner contracts published by the JCT: Home Owner Contracts (jctltd.co.uk), which include an option to appoint a professional to manage the contract
• On a substantial project, it’s worth asking your lawyers to draft a form of appointment of your design and any other important professionals, rather than relying on the professionals’ standard terms and conditions, which are likely to favour them
What do I do if my home renovation goes wrong?
• It won’t be easy, but if you have kept good written records of what has been happening and have put in place some or all of the protections above (and any others that are appropriate for your project) it should be easier than if you haven’t
• Take legal and other professional advice without delay
While the right professional advice at the right time can’t guarantee that the project will be on time and to budget, it should make it more likely – and also help if things do go wrong.
Andrew Harbourne and Mustafa Sidki are specialists in construction and property law at Thackray Williams. If you require assistance with any of the points mentioned in this article, please do not hesitate to contact Andrew or Mustafa.
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