Nah, wouldn't buy that excuse at all. It shouldn't top out in the tray unless it's really shallow. What are they saying, if the waste starts to restrict even slightly from gunge/hair etc, then does it just run out the door?? The waste and run should be setup to drain properly without pooling to the top of the tray edge. If it can't then the tray should be changed to take a 90mm waste, raised higher, deeper tray used and then maximise the waste run size and fall. Proper design is what was needed.
To easily test whether the stack needs positive venting or not by removing the AAV(durgo) off the top and see if that then allows the tray to drain properly. If it does then the soil pipe needs an open vent and will need taken up and over the gutter.
I’m getting them back to look at it. The stack had an AAV on it when I bought the house by terminated at the first floor bathroom and only fed the toilet. The existing bathroom wasted go into a hopper connected to the guttering. As part of the work they extended the stack up to the attic level and fitted a new AAV.
There are velux windows in the roof so if it open vents would it pass building regs?
Worth noting all the current work has been signed off by local council building inspector and I have the certificate - so not sure how much real scrutiny they provided!