Documents held by Architect

[flanagaj]

As part of the purchase agreement it was agreed that all of the documents associated with the planning permission would be available to us.  We’ve subsequently parted company with the architect, and now I’m annoyed for not asking for the topographic and measured site survey.  Is the architect obliged to hand these over?

[Kelvin]

Have you paid for this work? 

[Mr Punter]

You should ask the seller for this.

[flanagaj]

  On 06/08/2024 at 20:33, Kelvin said:

Have you paid for this work? 

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We didn’t pay, it was agreed as part of the purchase.

[flanagaj]

  On 06/08/2024 at 20:36, Mr Punter said:

You should ask the seller for this.

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I would, but they are no longer talking to us.

[garrymartin]

Were they not submitted as part of the planning permission? If they were, you can likely download them from your LPA website.

[PNAmble]

We had a very difficult time re this.  The surveys the seller did e.g topographical and ecological and worse the SI, were all done in the name of the architect. The ones in the name of the seller stated that they were for the client only.  None of the producers of the reports were willing to transfer the ownership as part of the sale.   
 

Eventually we got given the reports but we had to have all inspections including the topo done again.

 

 

[PNAmble]

  On 06/08/2024 at 21:37, garrymartin said:

If they were, you can likely download them from your LPA website

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Useful for interest , but unless transferred to your name by the company have limited use/legality 

[DevilDamo]

Did the Architect actually carry out the surveys or were they done via a third party? If the latter, approach them to have them re-issued.

[nod]

  On 06/08/2024 at 21:37, garrymartin said:

Were they not submitted as part of the planning permission? If they were, you can likely download them from your LPA website.

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Plus 1 

They should all be public record if they have been submitted for planning 

If not go back to your solicitor 

[Mr Punter]

  On 06/08/2024 at 20:51, flanagaj said:

I would, but they are no longer talking to us.

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If this was included in the purchase agreement they are obliged to provide them or risk being in breach of contract.  Get your solicitor to request them.

[Dave Jones]

wood for the trees.

 

new top survey 250

 

engaging solicitor to do anything 500

[flanagaj]

I did ask the architect for the topographic yesterday, and she stated that she doesn't give out her CAD drawings.  That confused me, but maybe she did the topographic survey herself.   

One other point I wanted to mention.  I am getting quotes from new RIBA architect firms regarding the modernist design that we want to go for.  The orientation of the new building will be the same and it will sit in a reduced footprint of what has been already granted + the detached double garage that was planned will be removed.  The original chalet and detached double garage had an overall footprint of 193m2 and the new design will be 136m2

One firm told me that we will have to get all of the specialist consultants back to do new reports, eg tree survey, biodiversity ...   Is that actually true, given that all we are doing is going for a two storey modernist house, where instead of the huge red clay tile roof that will be very visible, we instead will have a vertical timber clad upper.  I think we can even achieve it, without increasing the ridge height?

 

So far, I have been quoted £7.3k +VAT to do initial drawings and submit a new planning application.  

[garrymartin]

  On 08/08/2024 at 06:26, flanagaj said:

One firm told me that we will have to get all of the specialist consultants back to do new reports, eg tree survey, biodiversity ...

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Depends on the LPA. I'm just getting a Preliminary Ecological Assessment done and the LPA won't accept a report that is more than 12 months old; has to be re-done.

[Blooda]

  On 07/08/2024 at 10:28, Dave Jones said:

wood for the trees.

 

new top survey 250

 

engaging solicitor to do anything 500

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+1 for this, 

 

When we bought our plot, all we had was a PDF Topo Survey which by that time was a few years old.  A phone call to the folks who did the survey, and discussions about costs for them setting out our build. and the Revit CAD file magically made it's way to the our Architect.

 

As long as they haven't been financially bitten, a small outfit will help you, as that file will just sit on there computer for ever, and 50 pound notes for an email.

 

After that we used them to set out the levels and foundations before digging, and then setting out the position of the building on top of the foundations. [all of which cost about 200 pound notes]   

[flanagaj]

  On 08/08/2024 at 07:44, garrymartin said:

Depends on the LPA. I'm just getting a Preliminary Ecological Assessment done and the LPA won't accept a report that is more than 12 months old; has to be re-done.

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That is very annoying.  What actually changes in that short time frame.

[Russell griffiths]

  On 06/08/2024 at 20:51, flanagaj said:

I would, but they are no longer talking to us.

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That went sour very quickly 

[flanagaj]

  On 08/08/2024 at 09:13, Russell griffiths said:

That went sour very quickly 

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Yes.  Very unfortunate.  Moral of the story is don't believe the "It's your dream build, you must do as you see fit" statement from a vendor selling you a building plot.

[Russell griffiths]

  On 08/08/2024 at 12:08, flanagaj said:

Yes.  Very unfortunate.  Moral of the story is don't believe the "It's your dream build, you must do as you see fit" statement from a vendor selling you a building plot.

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Sod them, build what you want, spend a couple of quid more on a good consultant, and less on an architect. 

[Russell griffiths]

Does that mean you can now rip their septic tank out ??
go on do it. 
DO IT, DO IT. 

[Richard Anthony Johnson]

Legally, the documents are copyright of the original owner (ie architect).  A contract was entered into with the developer, to whom a partial ownership of the copyright material was granted.  That does not extend to the developer having the right to pass on those documents to third parties. Copyright for Architect's drawings last for 50 years from the date of production.