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Press Release

Monday 22 July 2013

Successful Building Regulations Prosecution

Fareham Borough Council has successfully prosecuted Mr Shane Truckle (aka Shane Taylor), director of Tailored Carpentry Ltd, 48 Woodlands Close, Southampton, for 26 offences under the Building Regulations. These relate to building works at 8 Kiln Road, Fareham.

He was found guilty in his absence at Fareham Magistrates Court on 18th July 2013 of offences including failure to provide adequate waterproofing, failure to provide adequate thermal insulation and failure to provide adequate structural support. The contraventions were significant, with many having an impact on the stability of the property.

He was fined £5,200 for the breaches, and ordered to pay £4,540 in costs to Fareham Borough Council, and a £15 victim surcharge. He was also ordered to pay compensation to the home owner of £18,423. The total amount of fines, costs and compensation is £28,178.

The building works at 8 Kiln Road, involved renovating of a conservatory to form an extension, adding new dormer windows to the existing loft rooms and a range of internal alterations.

A site visit on 26th September 2012 by Paul Gosling, (Building Control, Area Team Manager) found that Tailored Carpentry Ltd had left the site leaving unfinished works and a house not fit to be lived in. The site was covered in piles of builders waste and rubbish. There was no heating, the electrical work was unfinished and parts of the property were not watertight. The structure of the building itself also appeared inadequate in places.

Detailed inspections of the building works found 26 contraventions of the Building Regulations, some of which related to major structural deficiencies which if not addressed could have had serious consequences.

To allow our investigation to progress Mr Truckle was given nine opportunities to attend an interview under caution, but either declined or ignored our requests to attend.

Mr Truckle had quoted £37,000 to carry out the building works, although this did not include any materials. The owner of the property, Lisa Overington, had paid him £32,023.05, 86% of the contract value. However, the works were not 86% complete. Much of what had been done was inadequate and would require significant remedial works to correct.

Following two adjournments the case was heard at Fareham Magistrates Court on 18th July 2013.  Mr Truckle did not attend court for any of the hearings.

Paul Gosling, the investigating officer said: "During my 17 years' experience in Building Control this is potentially one of the worst examples of building practices I have witnessed from a builder.  The defects and contraventions identified suggest that the builder did not have a suitable level of competence to be carrying out building works in a manner which would satisfy the minimum requirements of the Building Regulations.  Tailored Carpentry Ltd created a notable number of significant defects, many structural defects, which if not corrected could have resulted in structural collapse of areas of the building."

The Building Control Partnership, which applies and enforces the Building Regulations on behalf of Fareham Borough Council, has enforcement powers to ensure that defective building works are corrected and to pursue proceedings against anyone who contravenes the regulations.

Executive Member for the Building Control Partnership, Councillor Trevor Cartwright, said: "The offences represented a serious and dangerous breach of the Building Regulations which had potentially put the homeowner at significant risk.  I am pleased that the builder was found guilty of the contraventions and I am also pleased that the courts have ordered the builder to pay a considerable amount of compensation to the owner to assist with the rebuilding of her home".

 

ENDS

 

Editor's notes

The full list of offences is as follows:

  1. Failure to provide adequate bearings to the steel beams to the ground floor extension roof.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate falls to the flat roof of the ground floor extension.  This does not comply with Regulation 4, Schedule 1, Part H3 (Rainwater Drainage), contrary to Section 35 of the Building Act 1984.

 

  1. Failure to provide an adequate lintel over the external window and door opening to the south-east corner of the new extension.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide an adequate lintel over a new internal opening at ground floor level between the extension and the kitchen.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate waterproofing to abutments of new first floor dormer windows with the existing pitched roof, the new flat roofs with the existing pitched roofs, and the new flat roofs with the existing wall areas.  This does not comply with Regulation 4, Schedule 1, Part C2 (Resistance to Moisture), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate thermal insulation to the new external walls of the ground floor extension.  This does not comply with Regulation 4, Schedule 1, Part L1B (Conservation of Fuel & Power In Existing Buildings), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate support for an existing internal load bearing wall at first floor level enclosing the eastern bedroom.   This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate headroom over the first two risers of the new staircase.  This does not comply with Regulation 4, Schedule 1, Part K1 (Protection for Falling, Collision & Impact - Stairs, Ladders and Ramps), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate structural support and connection details at the junction of floor joists in the area of the new staircase. This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate stair trimming and stair trimming support to the new staircase.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate support within the first floor construction for the new rear dormer structure enclosing the first floor Shower Room.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate ridge support for the main pitched roof at first floor level.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequately sized new rafters to the southern roof slope of the main pitched roof. This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate structural connection to the extended rafters on the north roof slope of the main pitched roof.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate structural support for the new dormer cheeks at first floor level to the south elevation.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate structural arrangements to prevent roof spread of the new pitched roof dormers at first floor level to the south elevation.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate thermal insulation to the new timber stud external walls to the first floor timber frame extension to the north west corner of the building.  This does not comply with Regulation 4, Schedule 1, Part L1B (Conservation of Fuel & Power In Existing Buildings), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate thermal insulation to the replacement flat roof to the rebuilt first floor rear bedroom extension.  This does not comply with Regulation 4, Schedule 1, Part L1B (Conservation of Fuel & Power In Existing Buildings), contrary to Section 35 of the Building Act 1984 

 

  1. Failure to provide adequate thermal insulation to the new shower room dormer roof at first floor level.  This does not comply with Regulation 4, Schedule 1, Part L1B (Conservation of Fuel & Power In Existing Buildings), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide an adequate waterproofing membrane to the new roof covering of the new dormer flat roofs and extension flat roof areas.  This does not comply with Regulation 4, Schedule 1, Part C2 (Resistance to Moisture), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide a suitable membrane to the new exposed external stud walls and dormers at first floor level. This does not comply with Regulation 4, Schedule 1, Part C2 (Resistance to Moisture), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate waterproofing to the new shallow pitched roof dormers at first floor level to the south elevation. This does not comply with Regulation 4, Schedule 1, Part C2 (Resistance to Moisture), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate background ventilation to the existing altered ground floor Living Room.  This does not comply with Regulation 4, Schedule 1, Part F1 (Means of Ventilation), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide a suitable under-tile membrane to the rafters or adequate roof ventilation to the main pitched roof over the first floor stair landing and bedroom to the western elevation. This does not comply with Regulation 4, Schedule 1, Part C2 (Resistance to Moisture) or Regulation 4, Schedule 1, Part L1B (Conservation of Fuel & Power in Existing Buildings), contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate fire resistance to the new steel beam to the ceiling of the ground floor kitchen area.  This does not comply with Regulation 4, Schedule 1, Part B3  (Fire Safety - Internal Fire Spread Structure) , contrary to Section 35 of the Building Act 1984

 

  1. Failure to provide adequate structural support to the rear first floor extension timber frame walls.  This does not comply with Regulation 4, Schedule 1, Part A1 (Structure - Loading), contrary to Section 35 of the Building Act 1984

 

 

For Further Information Contact:

Lorna Tipper, PR and Marketing Support Officer, tel: 01329 824302

fax: 01329 824505, e-mail: publicity@fareham.gov.uk

This and previous media releases can be viewed on the Council's website: www.fareham.gov.uk/pressreleases

 

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