Urgent help needed !!!!!!

[Kez2791]

Hello so basically I started up as a limited company around 2 years ago I have traded using the company for around 6 months of this time my plan was to build up a small business along side working a regular job until it will established enough and consistent to pay myself a reasonable wage...due to circumstances changing and and a few jobs that went wrong I decided to give up around 3 months ago I got a second wind and decided to give it one last shot as companies house made the status of the business "proposal to strike off' from reading up this meen if there are no credits etc the company will close now here is my dilema I have carried out a few small home improvement jobs and I was offered something a bit bigger materials costs amounted to around 3000 so the customer paid a deposit and I started ordering what I needed to the problem is the specifications require planning permission which I was not aware off until a few days ago so in fitting the product Im guessing I will be breaking the law to be fair I am a bit of a novice on the side of planning permission etc as I am used to kitchen replacements bathroom installs etc. So the customer because I have said until I look into it I may not to be able to complete the work so he is saying he wants the deposit back which I cannot personally afford to repay him and I'm stuck with a load of materials for this job what should I do ?!!

 

[Bob]

So your customer will be well out of pocket on this
Did you contract with him as an individual or as the limited company? Who did he make the cheque payable to?
Will he still need the materials?

 

[Kez2791]

I know to be honest I'm annoyed because at the beginning of the work he mentioned something about planning permission and it turns out he has already spoke with them but hasn't put the application in for it so he new it actually was needed and he contacted an advert I had so all communication has being through the limited company

 

[MikeJ]

the problem is the specifications require planning permission which I was not aware off until a few days ago

What do you mean by this? Do you mean what you quoted against included the fact you were required to get planning permission? Or do you mean what you've been asked to build requires planning permission?

If the former, then you've a problem. If the latter, then it's the owner's responsibility to get permission, not yours.

 

[Paul Kelly ICHYB]

Whose responsibility was it to get planning permission - your or your clients?

If your clients, your are not at fault. It would not be unreasonable to insist your client compensates you for materials and loss of work, but probably not the whole job value.

 

[wispafish]

Its your clients responsibilty to sort planning. Why not just fit whatever you were going to fit and then get the client to apply for retrospective planning.

 

[Kez2791]

No it was never within the quote or agreed that I was involved in planning process at all.. The problem is the work being carried out requires an electrical mains hook up which the property is 1 of 6 apartments. This meens any electrical work will have to go through the property maintenance/owner for access to the electrical room as some are owned property's and some leased so health and safety wise any work on the apartments to my knowledge from speaking with a more experienced contractor fall under different regulations due to this I cannot fit the product due to the fact of it needing this electrical hook up and also if I were to get one it would have to go through the owner of the building to get permission which then from what I have spoke about with the customer he has already approached him on having this work done and he was advised to apply for the planning this being said he would be made aware he has disregarded there conversation and tried carrying out the works anyway.. so I don't know weather to just deliver the existing materials and just have to take a loss I'm really unsure as I haven't come across this kind of problem before

 

[UKSBD]

Have you actually started the work or is it just that you have spent his deposit on materials?

 

[stevon]

None of this is your problem; luckily.

 

[Kez2791]

No I have previously done work for him with no problems it's just this is something a bit bigger I have not started yet but It was due to start next week now the problem lies with I have materials which has have being purchased for the job which has cannot be installed so I'm just a bit in limbo about what to do apart from deliver the materials orderd and call it a loss :/

 

[paulears]

You clearly don't understand what you are doing. When you work in any capacity in buildings with ownership issues, then this isn't a planning permission area. Access to locked but communal service areas is an everyday activity for people who do these kinds of jobs, electricity, water, telecoms, and public and professional indemnity insurance is the security blanket. You've not said what you are doing, but if you are not competent to do the electrical hook up, then get somebody in to do it. Almost certainly somebody has quoted the electrical safety regulations NOT health and safety, so you legally may well be able to do the work. Most of the 'bans' on what non-registered electricians can do is centred on kitchens and bathrooms in houses, yet you would be able to connect equipment to three phase supplies capable of supplying hundreds of amps. The only issue is competence, and assuming you do the job properly all would be well. If, for example, you have installed something like HVAC, then this would need planning permission in many cases for the external components. If the property owner commissioned you to do the job, that's not your fault if he didn't get permission. Getting access to the supply room to connect it is a different issue. Shared and mixed status properties with plant rooms means using their system for access. Again, the property owner has to arrange this for you. The design of the electrical systems rarely means you need to disconnect the supply to other dwellings. My experience is if the job is special enough to require this, then I would not be doing it, if major disruption of supplies has to happen then the nominated contractor who installed the entire infrastructure would be involved. What have you ordered that you cannot install, and why?

 

[The Byre]

Firstly, when you are asking for people to help you, it is always a good idea to put your questions and your outline of the situation in clear sentences and use paragraphs.

But here are some points for you -

1. It is the customer’s responsibility to get planning permission (unless, of course, otherwise agreed) and all other permissions and agreements needed to carry out the work.

2. It is the customer’s responsibility to hire tradesmen with the required qualifications.

3. It is YOUR responsibility to ensure that you do not carry out works that require certificates and training/knowledge that you do not have.

4. The customer cannot ask a tradesman to complete works that are outside the tradesman's field of competence.

 

[RPower]

I'm not a professional, but I'd try explaining what's happened and admitting you made an honest mistake (if indeed you did - if it's the customer who needs to get planning permission then you should be okay!) and could pay the deposit back in installments. You'd be surprised how understanding some people could be!

Or could you - safely - get a loan of the money to repay the customer elsewhere?

Whatever you do though don't break the law.