Local Council - Conservation Area Windows

[Arias]

Hi there,

 

My auntie swapped her rotted old wodden windows with double galzing a while back. She hired a window installer (WI) to take tackle the problem, which would finally cost her £6000 pounds. At the time the WI explained that the area was not conservation, not to worry and that he would not need any form of approval from the council to perform the job. She took this person word on everything and went ahead with the work.

 

After about a year the council contacted her and stated that infact it was a conservation area and that she would need to replace the windows to suit. This is now going to cost her £12,000. They gave her 3 years to do this and she now has 6 months.

 

Is theyre something she can do..... She knows where this WI is and he is easily contactable. Can she sue? Is they're a way the council can do this job where it doesnt cost a whopping 12 grand in one hit?

 

Appreciate the advice. Thanks

[raydetinu]

have you got anything in writing from the installers that the work does not need planning?

It is normally the home owners responsability to know or find out this: just asking neighbours or the council.

Have you told the installers of the problem and what did they say?

By the way double glazing also needs building control approval unless the firm belongs to a scheme that can self certify that it complies with the regulations and requirements. have they confirmed it compies, if not ask for your money back and take them to court if they wont.

Do they belong to a FENSA or other trade body, you can ask them to adjudicate.

[Arias]

She says she may have something in writting. Can we say she does and doesnt and how that changes matters.

 

Who can gets the certification of the windows to see it complies with regulations.

[raydetinu]

the window installation co. must either have certification that their windows comply and can self certify or the spec must be checked by building control; ask the the co for compliance details.

If you have confirmation that they meet or dont dont need planning then you can sue on the basis you were mislead with false info.

If you do not have anything then it will be more difficult as the onus will be on the owner to check.

what have they said when she told them of the problem?

[Arias]

she has written a letter but no reply. She has also tried to call and as soon as he hears her voice or understands who the call is about he hangs up.

 

If the case starts. Could she sue for the 6000 original sum for installation and the 12000 present council cost? As one directly relates to the other.

[raydetinu]

You first need to establish they have responsibility and write to them claiming the original cost, as mislead or windows do not comply and give them the opportunity to refund or replace, or you will seek court action. ( this is court rules ). Send by recorded delivery.

you cant sue for the new cost, only the original cost plus expenses.