Any point to cert of compliance

M

mim45

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Recently had chimney inspected by certified inspector who used camera. The reason we got this done was due to carbon monoxcide alarm activating when stove lit. The report stated:

chimney was not built to regulations as Building Regulations 1997 Technical Guidance Document J-Heat Producing Appliances clearly states: 2.12 ..."Liners should be jointed with fire-proof mortar". This was not the case as there were many open mortar joints and protruding mortar joints as per our report.On closer inspection of the photos I can now confirm that there are also several liners which are misaligned. Clay flue liners should be placed directly on top of each other and excess mortar struck smooth to make the joints gastight and not impede the flow of carbon gases from the appliance.

Cost to repair 3800 euros!!!

Contacted chartered engineer who we employed to inspect and sign off on the build and who also issued cert of compliance and his response was not his problem as build over 5 years so obviously not structural. Dont know where to go with this or what my rights are if any, surely cert of compliance must hold some water? any advise much appreciated.

 
Thanks for replying so quickly. Build was direct labour so unfortunately no builder to chase. Engineer was employed from the beginning to check construction on ongoing basis.
 
Based on priory hall, certificates of compliance don't seem to have much value. In fact they could be considered to be documents that con the buyer into thinking they've bought a structurally sound property when in fact they have not.
 
All the liners have to come out so big hole in the sitting room and then best case scenario all the liners will come out one by one, however may not be so easy and more holes in the wall may be needed, stainless steel flue will then be fitted to replace clay liners. Big job so involves skip, scaffold etc. Just so angry no come back and wonder why we bothered paying for a chartered engineer at all!
 
Bronte said:
Based on priory hall, certificates of compliance don't seem to have much value. In fact they could be considered to be documents that con the buyer into thinking they've bought a structurally sound property when in fact they have not.
Click to expand...
That is incorrect.
The opinion on compliance depends on the wording of the opinion.
If the opinion says: "the writer of this opinion bears no liability whatsoever in any form whatsoever for this statement" - then it is of limited value.
If the opinion says: "I fully stand over everything - design and construction has been completed in accordance with the building regulations" - then it carries significant liability.

The OP needs to speak to a solicitor.

EDIT: Regarding the engineer saying "not my problem gov" - well he would say that wouldn't he...
 
its the building owners responsibility first and foremost to ensure the build complies with building regulations.
 
sydthebeat:
It is the owners responsibility, but in this case the OP appointed an engineer to inspect the building process 'from start to finish' so they did the 'correct' thing.

A solicitor should certainly be spoken to asap, and they will want to know the following:
1. What were the conditions of the Engineers appointment (i.e. the wording of you appointment document)?
2. What was the wording of the intermediate and final opinions which he signed?
3. Did he sign certificates relating to mortgage drawdown?
3. Were any construction/working drawings or specifications prepared prior to or during construction?

You should also notify your home insurer as soon as possible.

www.studioplustwo.com
 
You have only 7 years from when the certificate of compliance was signed
After that you loose the legal rights over the certificate
 
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