Fleeced by architect?

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    Fleeced by architect?

    I think I have been fleeced. We had a storage / workshop which we were told by the architects, had a promising chance of turning into flats. We paid thousands. They told us they 'knew' people in the council. Even the day before the planning decision, I was told by the architect we would get planning permission and there is no problem. But when I checked the decision on-line it was a planning refusal.

    I started reading the planning policies and the decision notice and I did not think we could get what we want, it was only later after the planning refusal, the architects said it would be difficult, but it is late in the day when we have paid thousands.

    They put in a planning application for 5 self-contained studio flats, but they called it an HMO. The council rejected saying there are no shared parts, so not an HMO.

    They now have re-submitted as 4 room HMO, with shared kitchen and one large communal area, but I am not so keen on HMOs. It is not economic to build.

    Frankly, I feel robbed by the architect.

    Is there anything I can do to salvage the situation?

    If I had know, it would be a waste of money, I would have kept as storage / worktop and rented as a commercial unit.

    #2
    Not a legal reply,

    But you paid money on the promise that you WOULD get planning permission.

    You did not get planning permission, therefore the contact you entered into that promised you got planning permission has not been fulfilled, therefore don't pay them any more.

    However, YOU should know that ONLY the planning department can give you an indication if you may be sucessful; not the architect.

    But you have to go to the expense of producing plans, specifications to give to the council, and that needs to be paid for.
    So if that is what you paid for, you have not been fleeced.

    If the architect came up to you in the street and said, you don't know me, but I guarantee you can get 4 / 5 flats there no problem, and my get rich quick idea is not a scam, then you were lied to and fleeced.

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      #3
      Exactly how (eg in writing.. ) was the "promising chance" qualified??

      I fear you have answered your own question: Promising chance is just that, a chance - which could go either way...

      There are two sorts of people...
      a) Those who fully accept their own decisions may end up losing them money & get on with life...
      2) Those who are always looking for someone else to blame or sue & may never understand it was they that decided on some cours eof action, not the other party....
      iii) Those who can't count...

      SUMO!!

      Cheers!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        The absolutely critical point is that you should only be submitting for a scheme that has good chance of getting PP. That is, it should comply with planning policy. That's where using a planning consultant can come in handy. Some 'architect only' scheme scan run into policy problems becuase at the end of a day the archiect is a building designer. Thus, if your scheme is complex, use a planner as well. Good luck!!

        Peter

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