Build Control - Unauthorised visits

[JWHIT]

We are doing a self build on a Scottish isle. 

 

We are having an issue where the build inspector is undertaking un-authorised site visits when no one is on site. Is this allowed or can they only comment / inspect work at the organised intervals - surely this is trespass, although they could easily argue that they were viewing from the road? 

 

We aren't doing anything out of the blue or against what has been warranted - they just seem to be wanting to be either 'helpful' / difficult, mainly the latter.... It seems to be that they are commenting on personal opinion, rather than what is regulation - it also seems to be the case that because we are doing a fair amount of work ourselves, and not using any of the main island contractors, they have sparked a particular interest.... 

 

[JohnMo]

13 minutes ago, JWHIT said:

trespass

Your in Scotland - no such law.

 

16 minutes ago, JWHIT said:

commenting on personal opinion

Such as? Your approved drawings should be black and white in what they say, so not sure where personal opinion comes in to play.

[ToughButterCup]

37 minutes ago, JWHIT said:

...undertaking un-authorised site visits when no one is on site....

 

What does your site insurance say?

MT site. No phone call to you. He visits. Its blowing hard, raining too.   He slips, falls on a rusty nail, gets sepsis - which is and remains undiagnosed - and dies. Who is liable? You?

The answer to that question is the easy - if formal - way out of this one.

[JWHIT]

Land governed as garden space or land that surrounding a residential building is not permitted as 'right to roam'. You also not able to access the right to roam for most commercial activity, that isn't related to recreational - of which he is not taking a dog for a walk on a building site. 

 

This is in regards to drains. They have been laid and temporarily covered for scaffold - we have not notified for an inspection, but they have gone onsite and dug them out and commented. The warrant officer stated one thing and approved it within the warrant and the inspector is now stating something different using subjective language that is more akin to personal opinion. 

Edited April 18 by JWHIT

[kandgmitchell]

In England the Building Act gives authorised officers of the LA the right of entry to premises in respect of building regulations. However, unless it's a factory or workplace 24 hours notice of the entry has to be given to the occupier.

 

I assume Scottish law has a similar provision probably in the Act that sets out the framework of the scottish regs

[JohnMo]

9 hours ago, JWHIT said:

Land governed as garden space or land that surrounding a residential building is not permitted as 'right to roam'. You also not able to access the right to roam for most commercial activity, that isn't related to recreational - of which he is not taking a dog for a walk on a building site

You obviously know the rules, so why use wording that has no legal legs on Scotland. But back to subject.

 

9 hours ago, JWHIT said:

This is in regards to drains. They have been laid and temporarily covered for scaffold - we have not notified for an inspection, but they have gone onsite and dug them out and commented. The warrant officer stated one thing and approved it within the warrant and the inspector is now stating something different using subjective language that is more akin to personal opinion. 

So you are saying the inspector got the spade out and dug up the drains?

 

Wording for the drains is generally as below, highlighted areas - have covered your drains without inspection?

 

Witness drainage test(s) or undertake visual inspection(s), prior to drainage

backfilled or walls erected to ground floor wall plate level.

Inspection sampling may include all or part of the following:

a) open test - Drainage laid to fall in open trench(es), with suitable

bottoming and rounded granular bedding. Where required, lintelling or

sleeving appears suitable. Appropriate rodding eyes and access

chambers provided. Air test stands.

b) final test – Once new/remodelled drainage system completed, suitable

protection to lines provided. Rodding eyes and access chambers

accessible. Air test stands. Flush through, if appropriate.

c) drainage inspection – Visual inspection only as due to configuration, no testing possible

 

 

Edited April 18 by JohnMo

[Gus Potter]

On 18/04/2024 at 11:22, JWHIT said:

We are doing a self build on a Scottish isle. 

 

We are having an issue where the build inspector is undertaking un-authorised site visits when no one is on site. Is this allowed or can they only comment / inspect work at the organised intervals - surely this is trespass, although they could easily argue that they were viewing from the road? 

 

We aren't doing anything out of the blue or against what has been warranted - they just seem to be wanting to be either 'helpful' / difficult, mainly the latter.... It seems to be that they are commenting on personal opinion, rather than what is regulation - it also seems to be the case that because we are doing a fair amount of work ourselves, and not using any of the main island contractors, they have sparked a particular interrest...

Hiya.

 

I'm Scottish base and have family that live on one of the inner Hebrides and have lot's of experience dealing with BC on the Islands. Also I deal with Scottish Building Standards on a regular basis and have done so for the last 40 years. Some of the BC officers I know quite well, we have a chat on the phone about our careers and reminisce on how good the old times were. In other words they are folk just like us.. there is the odd exeption but that is life. In the round though BC officers actually do have your best interests at heart. It would be great to have a BC officer or two join BH!

 

On the Islands there is a lot of politics. Some Island builders are really shite, cut corners in a big way, some are better / good. BC know who they are so maybe you are getting a heads up and not just seeing the wood for the trees about the work that has been done by others. Now you are doing a bit of work yourselves.. well how much and when did you start doing a lot yourselves?  It is in your own interests to build your house right?

 

There is always friction on the Islands... BC know this but are not corrupt at this level. There are loads of other Islanders and folk moving there that do DIY projects so you are not the first and last.

 

@JWHIT "surely this is trespass"

 

My advice.. get this right out your head now. If the BC officer can access your site then you have a Health and Safety issue and they can hammer you on that. The HSE law is quite clear on this all over the UK, if your site is accessible then you are on a hiding to nothing. Have a looked at your site security? Don't pursue this route as you will likely regret it.

 

 

On 18/04/2024 at 12:04, ToughButterCup said:

What does your site insurance say?

 

Too late for that, BC can hammer you much earlier. There is no argument in law for shoddy HSE by saying.. hey I'm insured. Insurance is for when you have tried to do your best and things still go wrong.

 

If they can see bad things from outside the site boundary then surely.. you may be making a cock up? If you try and play hard ball with them then they will pull your trousers down and you won't get to pull them back up until they have run you ragged.

 

Now you may feel that the BC officer has turned up with no appointment.. but they are allowed to do this under UK HSE law (not just Scottish law) .. part of their remit is pubic safety.. they can hammer you on this too! To lay it on a bit thicker they may start to ask if your project should fall under CDM regulations., just to give you the run around.

 

In summary:

 

1/ Yes there is Island politics, don't worry too much about the main Island Contractor not getting the job.

 

2/ Phone the officer up and ask when they are next on the island and arrange to meet them in person. This is so imprortant.  You are on an Island.. you must get to know folk.. the emails you get from BC only show a snap shot.. sometimes they write stuff that seems really daft / aggressive.. but they are pushed for time and under funded. Cut them some slack and cut yourself some slack too. 

 

Keep an open mind as while you see this as a personal opinion then they may be able to give you good advice? Also if you hit it off with them then later on when you apply for a completion certificate you'll probably find that part of the process much easier and not get hit with a load of things that don't conform. 

 

3/ Build a rapport with the officer.. recognise that they may be trying to help you rather than hinder. You may have a young and inexperienced BC officer. Be very careful here not to bully as their boss will then give you the big stick! Listen to what they are saying.. put forward your ideas and have a bit of fun.. seriously they are just folk.

 

To finish @Kelvin may be able to give you some advice about how you deal with BC when relocating to the north of the UK ( Scotland)

 

4/ Some of my family live on Tiree.

 

Clocked this at the end!

On 18/04/2024 at 11:41, JohnMo said:

so not sure where personal opinion comes in to play.

 

Well it does.. Some of the building regs are open to opinion / discussion / detailed design. BC officers often hold professional qualifications / have great experience. They are entitled to question. As before one big stick they do hold is the public safety issue (I do it too as an SE) . Lot's of folk on BH think that this is their house and they can do what they want. BC say and I.. that house has to last for 50 years at least  and you may sell it to a family in a couple of years time. Our duty is not just to you but all the folk that come after.

 

Just copied this right at the end.

On 18/04/2024 at 13:02, kandgmitchell said:

In England the Building Act gives authorised officers of the LA the right of entry to premises in respect of building regulations. However, unless it's a factory or workplace 24 hours notice of the entry has to be given to the occupier.

 

The above is misleading as if it is deemed to be a risk to public saftey then the LA can effect immediate access as what they do will call on the Fire service, the Police , gas board and me as an SE.  You see.. who knows what building regs have been compromised? Is it just an extractor fan of a serious structural defect that could cause a gas leak? If push comes to shove and I'm acting for the local authority.. I'll find a legal way of getting into your property if I feel there is a safety issue. You are pissing in the the wind!

 

If you have nothing to hide then you should be relaxed about all of this.

[saveasteading]

14 minutes ago, Gus Potter said:

when they are next on the island

I wonder if this is  cultural matter that has to be worked around pragmatically.

For most BCOs, every project is within a short drive and doesn't take too much of a day.

But if they need to get  a ferry and make the most of the day, then perhaps they try to look at all ongoing projects on that visit. 

If the culture is to be accommodating then it has to work both ways.

If that is not acceptable to you then I can see a BCO digging their heels in and not visiting until it suits them and their efficiency and the job will be on hold.

'Can you come and inspect the drainage trenches'? Yes of course: 2 weeks on Tuesday at 11.30 and don't fill them in.

[Temp]

If the BCO can get into your site easily what about kids and thieves? 

[Gus Potter]

On 19/04/2024 at 00:21, saveasteading said:

wonder if this is  cultural matter that has to be worked around pragmatically.

 

My passport says I'm a citizen of the "United Kingdom of Great Britain and Northern Ireland." I do not support Scottish , Welsh or English nationalism in any way.  We live on a small island and face many global threats to our way of life. We have a massive immigration problem, some legal, some not. It is putting tremendous strain on us., some is stressing out our health care system financialy.. but there is a big threat from radical "Islam". It is the big elephant in the room.

 

In Scotland we have this new hate crime bill. I have to be very careful about what I say as I could face 7 years in jail for posting this. What you folk don't really know is that if you say something that can be read on the internet in Scotland then you are fall under Scottish law as you are deemed to have published this in Scotland. You could be hauled up to Scotland in our courts. Also if I report you for a hate Crime even anonomously it will go on your record , thus if you are say a teacher in England and they do a full record check then this will flag up that you have been recorded for a hate crime. Do you know about this?

 

Now most of us up in Scotland are absolutely against this law. Also in Scotland the next thing they want to do is to abolish jury trials for rape cases as not enough blokes are gettting convicted. But Imagine if this was your teenage lad that got a bit pissed, the girl is pissed.. now it is down to a single Judge to determine rather than 15 adults. To make matters worse the Scottish Gov have now taken  control of our legal system.

 

@saveasteadingI wonder if this is  cultural matter that has to be worked around pragmatically.

 

Yes it is. It's basically a contrast between say living in London and contracting where every one is shafting each other and a bunch of adults being fair to each other in Wales or up Durham/ Yorkshire way. If you want to go culture then a Yorkshire man is one of the hardest folk to deal with. I know as have just had a Yorkshire man as a Client, six foot two, retired Quantity Surveyor.. we are still friends.

 

Most folk in Scotland don't get hung up on folk moving about the UK. Some get touchy.. say I trucked down to Cormwall and started shoving haggis down your thoats?

 

Now for you folks that do think that you want to have a bash at English nationalism.. Up in jockland we have 1/3 of the UK land mass. Also we the sea bed and fishing rights that extend 200 miles from the Scottish coast, the defense envelope that comes with that and a bit of oil, yes we may cut out the gas but you'll still need to oil the hinges on your doors?

 

Yes I know when you look at the BBC weather forecast Scotland seems small.. but that is the BBC for you.

 

We also have the land that defends the high north arctic circle, the big submarine base with deep water access.  For the English nationalist.. do you really want to give away 1/3 of your country just to get rid of the jocks? Oh and then you'll give away Northen Ireland.. yah dafties!

 

 

@saveasteading'Can you come and inspect the drainage trenches'? Yes of course: 2 weeks on Tuesday at 11.30 and don't fill them in.

 

No.. It won't work up in the islands.. it needs much more give and take.. also our ferries don't run if they turn up at all. The Scot gov have just spent £400 million on two ferries that are stilll being commissioned, we could have ones that work for £20.0 million.. so we could have had 40 working ferries by now.

 

Bc are still ok but seriously underfunded.

 

All of my posts about this is trying to encourage @JWHIT not to try and apply mainland rules to an Island situation. It won't work. rather get with Island life and enjoy.

Edited Saturday at 21:54 by Nickfromwales
Duplicate hidden

[Kelvin]

Thanks @Gus Potter Happy to share my experience and how I approached it. When I got the warrant approval letter and therefore got the name and number of the BCO assigned to our build I made a point of asking a few folk that had built houses in the area what their experience of the BCO was. I also asked some of the trades I had lined up what they were like to deal with. The common feedback was helpful, pragmatic, and practical. I then called him to introduce myself and tell him a little about our project. I asked him how he liked to work and if he had any advice for me. He asked me which trades I’d lined up and while he didn’t offer a direct opinion on them I still got his opinion (if you catch my drift) What I did notice was that the trades I was using made a big difference. For example when I told him the groundswork company I was using he immediately said brilliant you’ll have no problems there which presumably helps him a bit too. 

 

They are busy people working in an underfunded department so getting them onside early is important. I can imagine that their approach on the islands will be quite different to my area due to necessity of geography. My BCO can drop in when he’s passing which he has done a few times. Yours can’t so when they are there they are likely to want to make the best use of their time. Plus you’re doing this yourself and their experience of people doing much of the work themselves is  mixed hence his slightly more thorough approach possibly. The BCO told me of some horror stories when he first visited. 
 

All of that said, the guy might just be a bit of an arse, some are. If so you’ll need to bite your tongue a bit and work around that. 
 

One last point, whenever I’ve visited the islands I’ve seen lots of building work going on and very little in the way of security fencing in place. If that’s you then I’d make your site more secure. Your site insurance could be invalid if it’s not secure. Clearly Heras fencing isn’t the last thing in secure fencing but it stops people randomly entering your site. 
 

 

[SteamyTea]

5 hours ago, Gus Potter said:

say I trucked down to Cormwall and started shoving haggis down your thoats?

Make a change from Stargazy Pie and Saffron Buns.

 

6 hours ago, Gus Potter said:

Also in Scotland the next thing they want to do is to abolish jury trials for rape cases

I have done Jury Service on a sexual offence charge (and a theft/assault charge as well).

The opinions of the gobby juriers is unbelievable and the evidence presented to them is of no consequence, even when they are direct to deliver a not guilty verdict.  It was one of the worse 2 weeks of my life and an innocent person was found guilty.  I was so upset that as I walked back to my car I was in tears from anger, frustration and injustice.  I felt I should have done more along with the other two people that were working to the evidence, one of which changed their mind without an explanation (they got paid the same to sit in the courts as they did cutting up bacon at work).

 

[JohnMo]

1 hour ago, Kelvin said:

Thanks @Gus Potter Happy to share my experience and how I approached it. When I got the warrant approval letter and therefore got the name and number of the BCO assigned to our build I made a point of asking a few folk that had built houses in the area what their experience of the BCO was. I also asked some of the trades I had lined up what they were like to deal with. The common feedback was helpful, pragmatic, and practical. I then called him to introduce myself and tell him a little about our project. I asked him how he liked to work and if he had any advice for me. He asked me which trades I’d lined up and while he didn’t offer a direct opinion on them I still got his opinion (if you catch my drift) What I did notice was that the trades I was using made a big difference. For example when I told him the groundswork company I was using he immediately said brilliant you’ll have no problems there which presumably helps him a bit too. 

 

They are busy people working in an underfunded department so getting them onside early is important. I can imagine that their approach on the islands will be quite different to my area due to necessity of geography. My BCO can drop in when he’s passing which he has done a few times. Yours can’t so when they are there they are likely to want to make the best use of their time. Plus you’re doing this yourself and their experience of people doing much of the work themselves is  mixed hence his slightly more thorough approach possibly. The BCO told me of some horror stories when he first visited. 
 

All of that said, the guy might just be a bit of an arse, some are. If so you’ll need to bite your tongue a bit and work around that. 
 

One last point, whenever I’ve visited the islands I’ve seen lots of building work going on and very little in the way of security fencing in place. If that’s you then I’d make your site more secure. Your site insurance could be invalid if it’s not secure. Clearly Heras fencing isn’t the last thing in secure fencing but it stops people randomly entering your site. 
 

 

That saved me typing, almost exactly my experience and relationship with the BCO.

[MR10]

1 hour ago, SteamyTea said:

The opinions of the gobby juriers is unbelievable and the evidence presented to them is of no consequence..

 

There was an programme on Channel 4 recently, still available on demand, called 'The Jury: Murder Trial'. I didn't watch it all but seeing what went on in the jury rooms was disturbing. Decisions were being made based on personal opinion, preconceptions, prejudices and experiences, stronger characters bent others to their will basically regardless of the evidence presented. 

Edited April 19 by MR10

[SteamyTea]

31 minutes ago, MR10 said:

Decisions were being made based on personal opinion, preconceptions, prejudices and experiences, stronger characters bent others to their will basically regardless of the evidence presented. 

That was my experience, but this is derailing the topic, except there are lots of opinions about most things.

[kandgmitchell]

14 hours ago, Gus Potter said:

The above is misleading as if it is deemed to be a risk to public saftey then the LA can effect immediate access as what they do will call on the Fire service, the Police , gas board and me as an SE.  You see.. who knows what building regs have been compromised? Is it just an extractor fan of a serious structural defect that could cause a gas leak? If push comes to shove and I'm acting for the local authority.. I'll find a legal way of getting into your property if I feel there is a safety issue.

Well I don't know about Scotland - it doesn't work quite like that in England.

Section 78 of Building Act says:

 

Dangerous building—emergency measures.

(1)If it appears to a local authority that—

(a)a building or structure, or part of a building or structure, is in such a state, or is used to carry such loads, as to be dangerous, and

(b)immediate action should be taken to remove the danger,

they may take such steps as may be necessary for that purpose.

(2)Before exercising their powers under this section, the local authority shall, if it is reasonably practicable to do so, give notice of their intention to the owner and occupier of the building, or of the premises on which the structure is situated.

 

Having exercised those powers I can tell you that some covered up drains wouldn't have given cause to carry out emergency access. Indeed para (2) is clear that efforts should be made to contact the owner before even those powers are used. As to general health and safety matters on a building site the enforcing authority is the HSE not the LA - they deal with offices, shops restaurants etc. All a BCO could do in the face of a blatant safety issue being carried out on site is to contact the local HSE office. Obviously if there is a construction issue that needs dealing with then the usual approach through building regulation legislation would be required.

[saveasteading]

But things can be different in rural areas where you might not think to lock your car or padlock the bike. Some for the best and some not perhaps, according to our expectations.

We live with these differences or we don't. Especially we incomers who try to improve the natives.

[Jenki]

MY view on this is similar to few others, I arranged a Kick-off site visit with My BCO, this for me has always been a way of getting a positive relationship with the BCO officer, in Scotland with the Warrant  the work is very formalised anyway.

My invitation was open the discussion similar to "I'm planning on doing X, Y, & Z over the next few weeks, do you want to see any certain aspects? want me to send photo's? etc. and an open offer to visit whenever they were passing.  I have nothing to hide, their experience and help is more valuable than then turning up ad-hoc IMHO.  

This worked to my advantage on the build they did call in one day and I went through the progress, all good, then when It came to pouring concrete, They were unable to visit due to other commitments so I sent photos and moved on with no issues. 

 

IF I was a BCO, and the client got twitchy with me turning up, I'd be suspicious. 

If its purely Insurance etc, I'm sure that could be worked around with a site visitors book for signing in etc.

  

@JWHIT "it also seems to be the case that because we are doing a fair amount of work ourselves, and not using any of the main island contractors, they have sparked a particular interest "

 

My View on this is simple, they don't know you or the quality of your work, so for me it's up to you to

A: help them understand your ability and  quality - i.e. let them see your work, your passion for the quality etc, 

B: be cryptic, evasive with them, and expect them to look under every stone to make sure their happy with the progress.

 

 

[Gow]

On 18/04/2024 at 23:57, Gus Potter said:

... arrange to meet them in person. This is so important... the emails you get from BC only show a snap shot.

When I needed to contact Building Control urgently I sat in the lobby of the Building Standards office with a letter for Building Standards and a good book to wile away the hours. I had to leave at closing time without managing to have a face-to-face meeting. When the building control officer came to my home the following week he mentioned that he dealt with my letter first because he had 240 emails in his inbox on average that had to be dealt daily. 

Edited April 21 by Gow
The smiley face was accidental.

[saveasteading]

I've heard a lot of stories from bcos about

incompetent work from self builders....and people expecting a free design service,

Deliberate bodging and cocealment, usually by contractors

Rubbish work by supposedly experienced builders.

Promises to remedy a problem, only to find it ignored or concealed on a quick return.

I don't fancy the job.

[SimonD]

2 hours ago, saveasteading said:

I've heard a lot of stories from bcos about

incompetent work from self builders....and people expecting a free design service,

Deliberate bodging and cocealment, usually by contractors

Rubbish work by supposedly experienced builders.

Promises to remedy a problem, only to find it ignored or concealed on a quick return.

I don't fancy the job.

 

Absolutely. At my recent pre-plaster inspection, the BCO commented on the high standard of workmanship and detailing on my build and said it was a breath of fresh air. He said I should have seen some of the developer and contractor stuff he'd been inspecting earlier - which was along the lines of a dogs dinner, the lot of it.

[saveasteading]

Just now, SimonD said:

developer and contractor stuff 

Yes, you'd expect the big developers to have their own quality control but no.

Not just housing either.

Our bco said he was inspecting an upmarket shopping mall development. 

Inspecting a floor shutter, he saw there was no steel mesh. "It's coming." Went back an hour later to find the concrete poured and no mesh in it.

It's scary really. If he hadn't the integrity and some courage to go back, then that would be a dangerous building.

It's all too easy to keep a bco off site if you want to. I welcome them, genuinely, albeit they can be annoying sometimes.

[Mike]

On 18/04/2024 at 12:22, JWHIT said:

can they only comment / inspect work at the organised intervals

In England and Wales, BCOs are required (under Section 8 of the The Building (Approved Inspectors etc. ) Regulations 2010) to 'take such steps (which may include the making of tests of building work and the taking of samples of material) as are reasonable to enable the approved inspector to be satisfied within the limits of professional skill and care that [most sections of the regulations are complied with]'.

 

Consequently they are free to inspect the work as they wish, not just at the set intervals, provided they are being reasonable.

 

On 18/04/2024 at 12:22, JWHIT said:

undertaking un-authorised site visits when no one is on site

If that is during normal working hours, then I imagine that would be viewed as reasonable.

[Gus Potter]

On 19/04/2024 at 14:17, kandgmitchell said:

Well I don't know about Scotland - it doesn't work quite like that in England.

Point accepted.

 

On 19/04/2024 at 14:17, kandgmitchell said:

All a BCO could do in the face of a blatant safety issue being carried out on site is to contact the local HSE office.

And there your problems really start!

 

3 hours ago, Mike said:

Consequently they are free to inspect the work as they wish, not just at the set intervals, provided they are being reasonable.

Agree. In Scotland they can ask for photographic evidence , if they are not satisfied then they can ask you to open up the works. The onus is on you to comply with the all the buildings regulations even something is missing from the approved drawings / specification.

 

On 18/04/2024 at 11:22, JWHIT said:

We are doing a self build on a Scottish isle. 

Go back and check the wording of your warrant approval. Try your best to get along with BC and look forward to enjoying Island life.

[Nickfromwales]

On 18/04/2024 at 23:57, Gus Potter said:

Hiya.

 

I'm Scottish base and have family that live on one of the inner Hebrides and have lot's of experience dealing with BC on the Islands. Also I deal with Scottish Building Standards on a regular basis and have done so for the last 40 years. Some of the BC officers I know quite well, we have a chat on the phone about our careers and reminisce on how good the old times were. In other words they are folk just like us.. there is the odd exeption but that is life. In the round though BC officers actually do have your best interests at heart. It would be great to have a BC officer or two join BH!

 

On the Islands there is a lot of politics. Some Island builders are really shite, cut corners in a big way, some are better / good. BC know who they are so maybe you are getting a heads up and not just seeing the wood for the trees about the work that has been done by others. Now you are doing a bit of work yourselves.. well how much and when did you start doing a lot yourselves?  It is in your own interests to build your house right?

 

There is always friction on the Islands... BC know this but are not corrupt at this level. There are loads of other Islanders and folk moving there that do DIY projects so you are not the first and last.

 

@JWHIT "surely this is trespass"

 

My advice.. get this right out your head now. If the BC officer can access your site then you have a Health and Safety issue and they can hammer you on that. The HSE law is quite clear on this all over the UK, if your site is accessible then you are on a hiding to nothing. Have a looked at your site security? Don't pursue this route as you will likely regret it.

 

 

 

Too late for that, BC can hammer you much earlier. There is no argument in law for shoddy HSE by saying.. hey I'm insured. Insurance is for when you have tried to do your best and things still go wrong.

 

If they can see bad things from outside the site boundary then surely.. you may be making a cock up? If you try and play hard ball with them then they will pull your trousers down and you won't get to pull them back up until they have run you ragged.

 

Now you may feel that the BC officer has turned up with no appointment.. but they are allowed to do this under UK HSE law (not just Scottish law) .. part of their remit is pubic safety.. they can hammer you on this too! To lay it on a bit thicker they may start to ask if your project should fall under CDM regulations., just to give you the run around.

 

In summary:

 

1/ Yes there is Island politics, don't worry too much about the main Island Contractor not getting the job.

 

2/ Phone the officer up and ask when they are next on the island and arrange to meet them in person. This is so imprortant.  You are on an Island.. you must get to know folk.. the emails you get from BC only show a snap shot.. sometimes they write stuff that seems really daft / aggressive.. but they are pushed for time and under funded. Cut them some slack and cut yourself some slack too. 

 

Keep an open mind as while you see this as a personal opinion then they may be able to give you good advice? Also if you hit it off with them then later on when you apply for a completion certificate you'll probably find that part of the process much easier and not get hit with a load of things that don't conform. 

 

3/ Build a rapport with the officer.. recognise that they may be trying to help you rather than hinder. You may have a young and inexperienced BC officer. Be very careful here not to bully as their boss will then give you the big stick! Listen to what they are saying.. put forward your ideas and have a bit of fun.. seriously they are just folk.

 

To finish @Kelvin may be able to give you some advice about how you deal with BC when relocating to the north of the UK ( Scotland)

 

4/ Some of my family live on Tiree.

 

Clocked this at the end!

 

Well it does.. Some of the building regs are open to opinion / discussion / detailed design. BC officers often hold professional qualifications / have great experience. They are entitled to question. As before one big stick they do hold is the public safety issue (I do it too as an SE) . Lot's of folk on BH think that this is their house and they can do what they want. BC say and I.. that house has to last for 50 years at least  and you may sell it to a family in a couple of years time. Our duty is not just to you but all the folk that come after.

 

Just copied this right at the end.

 

The above is misleading as if it is deemed to be a risk to public saftey then the LA can effect immediate access as what they do will call on the Fire service, the Police , gas board and me as an SE.  You see.. who knows what building regs have been compromised? Is it just an extractor fan of a serious structural defect that could cause a gas leak? If push comes to shove and I'm acting for the local authority.. I'll find a legal way of getting into your property if I feel there is a safety issue. You are pissing in the the wind!

 

If you have nothing to hide then you should be relaxed about all of this.

Thanks for this. Saved a few people a lot of typing.

+1.