Practical post 4: What if the builder goes bust?

by Bregs Blog admin team


Practical problems: What if the builder goes bust or walks off in the middle of the job?

Under the old system, this was a headache for you and your architect. Contracts had to be determined, surveys done on the half-completed work, a new builder found, prices negotiated. However, once the Commencement Notice has been lodged with the local authority at the very start, you had no issues to sort out with the local authority.

The new Building Control (Amendment) Regulations change all that.

Firstly, there is no Completion Cert for the works that are done so far and as a result the new builder is going to have to sign off on EVERYTHING (foundations, drains, wall insulation, roof structure, the lot). This is going to make it much harder to find a new builder and much more likely that any new builder will charge a premium for taking on the additional liability for someone else’s (defective) work.

Secondly, you are under time pressure as the new builder has to be notified to the local authority within 14 days. Otherwise you, as owner, can be prosecuted.

Which leads us to another unanticipated problem with the regulations: You might find a builder, negotiate the price and even sign a contract before you send a Commencement Notice to the local authority. What then if their new computer system ‘red flags’ your builder and immediately cracks down on your site? Where do you stand then.


Other Posts in this series:

Practical Post 1: BC(A)R SI.9 Extensions & Refurbishments– click link here

Practical Post 2: completion- FAO Vintners & Retailers– click link here

Practical posts 3: Change of Use – FDI and offices – Click link here

Practical Post 5: Small retail extension- problem with certifier – Click link here

Practical Post 6: no one wants to do certifier roles! – Click link here

Practical Post 7: Existing Shopping Centres – Click link here

Practical Post 8: Employees won’t certify: BC(A)R SI.9 – Click link here

Practical Post 9: Fees & numbers of inspections?: BC(A)R SI.9 – Click link here

Practical Post 10: No retrospective compliance: BC(A)R SI.9 – Click link here

Practical Post 11: Phasing and BC(A)R SI.9? – Click link here

Practical Post 10: No retrospective compliance: BC(A)R SI.9 – Click link here

Practical Post 11: Phasing and BC(A)R SI.9? – Click link here

Practical Post 12: “architects only” club?–  Click link here

Practical Post 13: Duties & conflicts- BC(A)R SI.9 –  Click link here

Practical Post 14: Supervision vs Inspection –  Click link here

Practical post 15: Code of conduct issues –  Click link here

Practical Post 16: Pyrite and certification? – Click link here

Practical Post 17: Off-License fit-out –  Click link here

Practical Post 18- material alterations: Creche  – Click link here

Practical Post 19: Phased completion & BC(A)R SI.9 –  Click link here

Practical post 20: Are builders off the hook with BCAR? – click link here

NOTE: This series of posts is not meant to undermine or be in opposition to any professional advice from registered representative bodies: rather it is to offer additional technical aids to those that find themselves in the unenviable position of having to deal with SI.9 in it’s current form at present. As with all information posted on the Blog we urge all practitioners to check with their respective professional bodies before assuming any roles or duties under Building Control (Amendment) regulation (SI.9 of 2014). We hope to post a number of these practical posts and list in one area, so home owners, SME’s and professionals can drop in and click on a particular topic to get summary information that may be useful to them while working within these new and difficult regulations.