New build properties not installed to regs at the time of construction

Newfutile said:

I have come across many new builds where they would not meet the requirements at the time of installation.

We have brought this up with the developer / installer,they have mostly quoted best practise guide 4 saying that it's only a C3.

The way I read bpg4 is that it's for coding when the instalation was to a previous edition of the regulations.

What recourse is there in this situation?

What did the contract say?

It's not the version of BS 7671 at the time of construction, but the version agreed in the contract ... whcih is why BS 7671 no longer says what it used to say about when the standard had to be used ... BS 7671 had no business to 'demand' a ;variation to existing contracts.

Standard forms of construction contract cite a 'base date' against which standards (and legislation) are 'frozen' unless there's a contract variation.

If the contractor believes a change in legislation might lead to a need to vary the contract, they apply for a variation, which, if agreed, is costed per the contract ... similarly, if a change in standards occurs, which leads to risk assessments, safety, or legal compliance, being impaired, a request for variation is advised by the contractor.

This is really a legal matter ... and I'm certainly not a legal professional.

gkenyon said:

This is really a legal matter ...

Just to add a little spice to the mix, many dwellings are sold prior to completion.

As others have said, it is all in the contract. I have never bought a new house, so I have never read a contract of sale, but I rather doubt that all the applicable standards are expressly mentioned. However, they may be implied in the contract.

Without doubt, caveat emptor applies to the second and subsequent owners, who can assure themselves of the safety, etc. of a dwelling by having it surveyed.

gkenyon said:

It's not the version of BS 7671 at the time of construction, but the version agreed in the contract

Maybe some house builders are stretching CDM as house construction style and designs are changing more frequent than 5 years thus how are they allowed to say the design is 5 years old and therefore we can use BS7671 17th edition

This is a loop hole that needs to be closed or at least tightened up.  Building control also needs to make sure the rules are not being stretched.  House builders should be made by NHBC and UK law to maintain a copy of EIC for the 10 year period that the warranty applies.  

Sergio Fernandez said:

This is a loop hole that needs to be closed or at least tightened up. 

I don't think this can be done in standards, because standards can't over-ride contracts, or the legal process.

Sergio Fernandez said:

This is a loop hole that needs to be closed or at least tightened up.  Building control also needs to make sure the rules are not being stretched.  House builders should be made by NHBC and UK law to maintain a copy of EIC for the 10 year period that the warranty applies. 

Perhaps a change to AD-P or the equivalent publication in devolved nations would be the route?

However, it's really difficult, because, as I alluded to in other posts in this thread, many construction programmes are longer than the 4-year update cycles necessary for BS 7671 (to accommodate timely incorporation of CENELEC Harmonized Documents) ... with major infrastructure programmes spanning a number of 4-year cycles.

Sergio Fernandez said:

This is a loop hole that needs to be closed or at least tightened up. 

I don't think this can be done in standards, because standards can't over-ride contracts, or the legal process.

Sergio Fernandez said:

This is a loop hole that needs to be closed or at least tightened up.  Building control also needs to make sure the rules are not being stretched.  House builders should be made by NHBC and UK law to maintain a copy of EIC for the 10 year period that the warranty applies. 

Perhaps a change to AD-P or the equivalent publication in devolved nations would be the route?

However, it's really difficult, because, as I alluded to in other posts in this thread, many construction programmes are longer than the 4-year update cycles necessary for BS 7671 (to accommodate timely incorporation of CENELEC Harmonized Documents) ... with major infrastructure programmes spanning a number of 4-year cycles.