help with building regs

Discussion in 'Finance, Property, Law' started by fairycakes, Feb 9, 2009.

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  1. Trying to sell my late parents home they have a small conservatory dwarf wall/double glazed/polycarbonate roof porch added 1.5m X 2m. But removed the old existing external door.

    The work was carried out in April 2002, they did not seek or get building regs permission.

    The possible buyers have queried this, my response to put back the door would spoil the hall way. And because the work was carried out in 2002 its to late for building regs to be concerned.Is that correct? Understand I would not get building regs anyway. Happy to reduce the sale price to reflect the cost of adding a door.

    Thank you for reading and replying. Apologies my first post to the forum with a problem, and not some witty comment in the introduction or naafi bar :D .
  2. A potential minefield, and I certainly wouldn't take any ARRSErs word on it - no matter how qualified they claim to be.

    Try this though to get the ball rolling:

    Building Regulations
  3. You will find it hard to seel with no planning permission for any work carried out, as the local council can issue an enforcement order, tear down the work and bill you for it.

    The option is to tear it down yourself or contact your local council and apply for retrospective planning permission. You have to provide plans and an ordnance survey map of the work (Usually costs about £30 for the map!!) you will then have to await their decision, which could take some time. I appealed against a refusal which cost me £184 and usually takes around 26 weeks for a decsion, however it's been 48 and no word.
  4. What building work should comply with Building Regulations?

    The following types of project amount to 'Building Work' as defined in Regulation 3 of the Building Regulations:

    * the erection or extension of a building
    * the installation or extension of a service or fitting which is controlled under the regulations
    * an alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
    * the insertion of insulation into a cavity wall
    * the underpinning of the foundations of a building

    as dingerr says - tread carefully.
  5. check pm,s
  6. There was a bit in last Saturday's Telegraph with a similar problem, the "expert" said that if over 4 years had elapsed then the owner is OK as the local authority can take no action (as long as there has been no change of use of the property).

    He goes on to say that you can regularise the situation by applying for a Certificate of lawful Existing Use or Development or ask for retrospective consent, as long as the building is doing no harm.

    So it looks as if there are ways and means of sorting the problem.
    I would contact the Local Authority Bldg Regs department and talk it through with them.

    Of course I could be completely wrong so please do not take this as proper legal advice.

  7. jmj

    jmj Old-Salt

    Building Regulations and Planning Permission are two very different things. Don't confuse the two. However whether the OP actually has (or needs) Planning is another question.

    Building Regs
    You need to apply for a "regularisation certificate" from your local authority Building Control department. However I'd recommend that first of all you give them a call and discuss it. What information is required can vary. They may be happy to simply inspect the extension as built. Talk to them! Cost will be around £350.00

    You may, or may not need planning. It depends on the size of the extension, materials, size of the remaining garden, whether or not you're in a conservation area etc. My gut instinct says probably not, as it's so small. More details are available here


    J (A Building Surveyor)
  8. Thank you for the replies and PM

    Spoke to the L/A Building regs department. We would not get permission today.
    The response.

    Removing the old front door made the porch part of the existing building and not a sun room.
    Losing to much heat within the porch.

    They are unlikely to enforce because of timescales, no address given.

    Solicitors response.

    This is a frequent problem. We are able to purchase a indemnity insurance policy £37 to insure against enforcement.

    Potential buyers response

    A further reduction of £5,000 on the already BMV valuation.

    So in the words of the naafi F**k 'em
    Again thanks for all the replies.
  9. Put the front door back?