Loft extension planning permission and building regs

gavstergav

Hi there

I apologise if this has been covered before, but I am trying to sell my upper maisonette and a couple of things have come up and would be grateful for any help.

1) I did a lot of work on our flat in 2005, inlcuding installing new sash windows, new electrics, new central heating. We got planning permission for all. Fell out badly with the builder, and have only certificates for the central heating, but no docs for the rewiring or a FENSA certificate for the windows. The buyer's solicitor is asking for a building regs indemnity policy. I've read that they are not really necessary, but is it worth it to pay to get the sale to go through?

Building control signed off the internal structural work we had to do but noted that we had not installed fire doors in the rooms (but did not enforce compliance). The buyer's solicitors have raised this - can it be a big issue? We just installed nice doors without self-closers.

2) In 2006-07, we converted our loft and added a dormer. Again, we got planning permission. However, our builder then advised us that we would need to make it wider (by about 50 cms) in order to avoid having to double back on the stairs and make the living area smaller. It now joins onto our neighbour's dormer (he gave permission to do this). Teh builder told us (I know, I know) that if building control signed this off (which they did), we didn't have to go back for further planning permission for this change. Is this correct? And now, two years later, can the Planning dept force us to change the dormer back to the original spec? We are on a terrace where a number of dormers of various sizes - including bigger than ours in our neighbours- have been built without any planning permission as they owned the whole house and were able to do it under permitted development rights. We look out onto playing fields and know all our neighbours well, with dormers on either side, so I cannot believe anyone will complain about it. I've read that we need a minimum of four years before planning no longer have any say in this. is this correct/

Many thanks!

Doozergirl

gavstergav wrote: »

Hi there

I apologise if this has been covered before, but I am trying to sell my upper maisonette and a couple of things have come up and would be grateful for any help.

1) I did a lot of work on our flat in 2005, inlcuding installing new sash windows, new electrics, new central heating. We got planning permission for all. Fell out badly with the builder, and have only certificates for the central heating, but no docs for the rewiring or a FENSA certificate for the windows. The buyer's solicitor is asking for a building regs indemnity policy. I've read that they are not really necessary, but is it worth it to pay to get the sale to go through?

Building control signed off the internal structural work we had to do but noted that we had not installed fire doors in the rooms (but did not enforce compliance). The buyer's solicitors have raised this - can it be a big issue? We just installed nice doors without self-closers.

2) In 2006-07, we converted our loft and added a dormer. Again, we got planning permission. However, our builder then advised us that we would need to make it wider (by about 50 cms) in order to avoid having to double back on the stairs and make the living area smaller. It now joins onto our neighbour's dormer (he gave permission to do this). Teh builder told us (I know, I know) that if building control signed this off (which they did), we didn't have to go back for further planning permission for this change. Is this correct? And now, two years later, can the Planning dept force us to change the dormer back to the original spec? We are on a terrace where a number of dormers of various sizes - including bigger than ours in our neighbours- have been built without any planning permission as they owned the whole house and were able to do it under permitted development rights. We look out onto playing fields and know all our neighbours well, with dormers on either side, so I cannot believe anyone will complain about it. I've read that we need a minimum of four years before planning no longer have any say in this. is this correct/

Many thanks!

1. It's worth it for the peace.

1a. Building regulations have changed so whilst you may have needed them back in 2005, you no longer need self closers to comply. You should have 30 minute fire doors though. If you don't then the indemnity will cover this also.

2. The rules have also changed regarding planning permission, even if you did need it before, the fact that there are larger ones around you means that they wouldn't really have been able to turn you down as the precedent had been set.

Anyhoo, new rules allow you to have a dormer as long as it isn't above a certain capacity, higher than the ridge height and doesn't protrude any further than the eaves. I'd tell your buyers it's under permitted development.

gavstergav

Doozergirl, greatly appreciate the fast answer. You confirm what I was thinking. One question: Permitted Development only applies to people who own the entire house, isn't that right? As I own only the upper maisonette, wouldn't I still need to get planning permission?

Thanks

G

Doozergirl

gavstergav wrote: »

Doozergirl, greatly appreciate the fast answer. You confirm what I was thinking. One question: Permitted Development only applies to people who own the entire house, isn't that right? As I own only the upper maisonette, wouldn't I still need to get planning permission?

Thanks

G

You will have permitted development rights in the loft as they will have on the ground floor.

If you have a freeholder then you might need their permission but otherwise no, I don't believe that it makes any difference.

gavstergav

Thanks - this is a great help!

planning_officer

Sorry to hijack the conversation, but there is some wrong planning advice on this page - flats and maisonettes do not have any permitted development rights. They only apply to terraced, semi and detached houses.

So the dormer will require planning permission and as it was only erected 2 years ago, could still be enforced by the council, although in practice, if it the same as others nearby, it is unlikely they will do anything.