Increasing numbers of homeowners are improving their homes instead of moving, but having building work carried out can be a frustrating and stressful process. Shilpa Mathuradas of Osbornes Law offers tips to make it easier
The dust and disruption of carrying out building work on your property are two of the necessary evils of improving your home.
But these are just minor inconveniences compared to some of the troubles you could face if you don’t prepare properly. Follow these guidelines and plan in advance you can avoid some of the pitfalls.
Planning permission
Firstly, it is important that you check whether planning permission or listed building consent is required before the works commence.
If there are trees in the vicinity, check whether they are protected by tree preservation orders (TPOs) as you may need to change your plans as a result.
If the works are substantive or you have any doubt as to whether planning permission is required, it is worth engaging a surveyor or solicitor early. This can avoid problems and costs in the long run.
Choosing a contractor
When choosing a contractor it is always important to obtain quotes from several and not just go with the first person you see.
It is also a good idea to meet the contractor to discuss the scope of the works and timescales. Do not be afraid to ask them who will be carrying out the works and question whether there will there be a sub-contractor or from whom they will acquire the materials.
You should seek a quote in writing and where appropriate ask for a detailed breakdown. Also, ask the contractor for details of other clients he has worked for.
A good reliable contractor will be expecting you to ask this and will be happy to provide you with detail of other work they have carried out.
This way you can talk to other clients about any problems they experienced with the works. Once you have reached an agreement with the contractor, it is important that this is documented in writing.
Where substantive works are involved you should have a contract drawn up by a solicitor. Often a builder will have a contract which your solicitor can look at for you.
Working on a leasehold
If you are undertaking works to a leasehold property then it is important to check your lease as you may need to seek the freeholder’s consent – depending on what alterations you are proposing.
This will often require you to seek advice from a solicitor who will assist you in obtaining a formal document known as a licence for alterations from the freeholder.
You will usually be responsible for the freeholder’s solicitor’s and surveyor’s costs for providing a licence. If the freeholder unreasonably withholds consent, then your solicitor can advise you of the steps you can take.
Giving your neighbours notice
It is always a good idea to speak to your neighbours and advise them of your plans so that any potential issues can be ironed out before works start.
The last thing you need is unnecessary delays. All too often disputes arise because the neighbours had not been aware of the proposed works. If you let them know in advance this can be avoided.
It is often the case that you will be obligated to tell adjoining neighbours of your plans because of the Party Wall Act 1996. This act is aimed at resolving disputes in relation to work on adjoining walls and excavations near neighbouring properties.
It is worth engaging a party wall surveyor in this process. If the adjoining owners decide to engage their own surveyor then you will need to cover their costs of doing so.
Engage professionals early
It is fundamental to get architects, surveyors and lawyers involved early on in your building work to make sure you prevent problems before they start – whether you are planning works to your property or where a dispute has arisen.
Burying your head in the sand often results in problems occurring or disputes escalating. This tends to result in an expensive surprise for all parties and is one that can be avoided.
Don’t forget the insurance
If you are just decorating or replacing fitted units you may not need to inform your home insurance provider, but if you are doing anything structural then you will.
If you are planning structural changes then your premium may go up to reflect any increase in the rebuild cost.
Your insurer will want to be forewarned about any work that could increase the risk of damage to your home or its contents.
Don’t assume your policy will automatically cover you for any accidents that happen during the works, as you will often have to get an add on to your policy.
Finally, make sure your contractor has insurance to make sure you are fully covered for anything that goes wrong.
If you plan ahead and follow this advice you are likely to avoid the expensive and painful pitfalls some face and will leave you able to challenge you energy and money into improving your home.
Shilpa Mathuradas is head of property litigation at London law firm Osbornes Law
