Building Works and Adaptations
We provide advice in relation to building projects to private individuals, fellow professionals, trustees, attorneys and to deputies appointed by the Court of Protection .
Building projects can be daunting. Whether the building work relates to your own home or whether you are co-ordinating the arrangements for someone you care for or who you are appointed to act for it is essential to be alive to the potential legal implications of building works.
In the worst case scenario where building works are found to be defective, a court could decide that there was a duty of care to ensure that works were carried out by a suitably qualified building contractor with appropriate indemnity insurance, warranties and guarantees in place for the work undertaken. Professional deputies, attorneys and trustees need to be particularly diligent.
Legalities
- Are there restrictions on the legal title that could impact on the ability to alter the property?
- Is the property in a Conversation Area or is it a Listed Building?
- Could previous extensions hinder the grant of planning permission or building regulations approval?
Practicalities
- What is the budget for the building project?
- How will the project be managed?
- Who should sign the building contract?
- What if the builder goes into liquidation?
You may require legal expertise relevant to the needs to be met. Someone who can make arrangements to:
- Assess the availability of local authority grants for property adaptations
- Apply for planning and building regulations fees to be waived if the alterations make life easier for the disabled person in question
- Review eligibility for government schemes
- Arrange a feasibility report for building works
- Co-ordinate planning and building regulations applications
- Assess tenders for building works
- Review the terms of the building contract
- Secure an insurance bond
- Obtain final certificates and guarantees.
An independent solicitor who has this special knowledge and expertise is a must.
