Bryant Homes / Taylor Woodrow and modifications!

[jburchell]

Hi there,

 

I'm after a bit of advice on a problem we have with the builder of our home. Basically, we bought our home new, off plan from Bryant Homes five years ago. For the record, Bryant are now owned by Taylor Woodrow.

 

We've since decided that we want to convert one of our double garages to become an extension to our kitchen. In order to do this, we need to knock down a wall - which will involve installing a lintel / steel across the new span.

 

Our local Building Control office are saying that they want to see what the foundations are like above the points where the lintel will rest. Fair point - so we've approached Bryant and the NHBC for details of as-built structural drawings. We weren't provided with these when we completed on the purchase.

 

So far, Bryant have said they've thrown away all those drawings and 'anyway, we've moved offices a couple of times since' (nice excuse!). We also asked them for details of a soil test which might indicate the type of foundations required on our plot but he said that he cannot provide us with this.

 

The NHBC have said that they 'may' have this information but it will cost £60 for them to look through the archives and there is no guarantee that they will have it!

 

So, we're in a bit of a quandry as we don't really want to have to dig up our existing kitchen for the sake of something that might not necessarily need to be done - and anyway, it's not as if it's an old house - there SHOULD be records somewhere about this!

 

What I was wondering was whether there were any laws that I could use to force them to provide this information to us (Freedom of Information Act / Data Protection Act) - or that mean they should have kept this information and if they haven't got it, ensure that they are liable for the investigative work that we would need to undertake.

 

Any help appreciated.

[barracad]

You can certainly use the Data Protection Act to make a request for the information, and if they do hold it they would have to provide it. However, if they have said they have destroyed the information then you'll just get the same response - I do not believe they are obliged to store the information for a certain amount of time.

 

I think the best bet would be to make a DPA request to NHBC rather than bryant as they have confirmed they may hold the details. As you are making your request under the DPA, the maximum they would be allowed to charge you is £10, not the £60 they have requested.

 

If they don't hold it then there's not a lot you can do about it I'm afraid.

[jburchell]

Thanks for the reply, but is the information that NHBC hold about us as individuals or the house?

 

I thought the data protection act was about personal information - I'm not sure whether the structural drawings for our house would fall under that. Although I'm happy for you to tell me otherwise!

[barracad]

Ah yes good point.

 

Bugger.

 

Well you have a guarantee with NHBC for the building work - is the guarantee in your name or is the guarantee linked to the house rather than you? Would they have any details about you?

 

I'm not sure how the details are recorded, but I think you're right they may hold details about the house, not about you and the DPA might not apply.

 

I suppose you could try making the DPA request anyway if you don't mind wasting a stamp and piece of paper - worse case result they would return your cheque and say the DPA doesn't apply.

 

Other than that you will have to pay the £60. Or you could have your kitchen dug up, after all you were planning on getting a new kitchen anyway...

[chiefengineer]

Hello,

 

Before doing any plan searching, I'd check that the Building Regulations in force at the time the house was built demanded deep enough foundations for what you need.

 

If the foundations demanded at the time were not deep enough to take the corner weight, you're probably on a non-starter.

 

Jeremy

[jburchell]

Thanks barracad - I've just looked at the NHBC guarantee and it is in the properties name no mine so I think this one's a non-starter. Oh well.

 

Chiefengineer, I'll do that - thanks.