Common misconception re Local Authority Planning and Building Control Departments

harryhound

http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=13298:law-commission-consults-on-reforms-to-law-on-rights-to-light&catid=63:planning-articles

fly_half83

Sorry guys; I have posted this in one of my other threads but it appears it would be best served here.

I am currently in the process of selling my house; but we found out very quickly that we did not have a completion certificate for the works carried out (all works except one it seems were done before we purchased). The one piece of work that was not done is the rear soakway.

I have had someone in digging the soakaway; and told the council this. So they have asked for it not to be filled in. Now this is not a major issue and probably should have kept this quiet and said that we got it done when we bought the property.

Now I once again asked building control what else needed to be checked in order for them to award the Completion Certificate - but once again, when I speak to the actual Building Control Inspector he gets all coy and refuses to answer me.

I called up on Tuesday and spoke to someone else in Building Control and he was helpful to the point where he told me exactly what needed to be checked etc - i.e. soakaway, egress windows and smoke alarms. Call today and the guy lays into me for not informing them that the house has been occupied all this time and would not tell me anything, only that he would be round tomorrow.

Now I did not know that I needed to inform them that the house was occupied. I bought it as a 1st time buyer and obviously I am not as clued up as I should have been but far from happy about the reaction from him. All I am trying to do is make sure everything is ok.

Am I correct in assuming, that if I ask what is left outstanding on the property in regards to obtaining a Completion Certificate that he should give me a list of them?

I should point out that the Inspector will be round tomorrow, so unsure as to whether or not call and risk aggravating him but want to know where I stand obviously.

fly_half83

Bit of an update; we had Building Control round and there are 3 things that need to be done in order for them to award the Completion Certificate.

Now I am currently negotiating with the buyer of our property and they said they would be happy to take on board the work themselves but they think it will cost £1500 when we know full well that the work costs no more than £400

We are just waiting on an email from the Building Control Inspector to confirm that these are the three things we are waiting on. Unsurprisingly he is not being too helpful in terms of getting back to me. I wouldn't mind but I just spoke to him on the phone.

Am I being unrealistic here? Just keen to see what I should expect.

EDIT: should add that the 3 pieces of work are an extractor fan in the kitchen, radio linked smoke alarms and egress window hinges on the two back bedroom windows.

John_Pierpoint

I would be helpful if you had linked back to an explanation of exactly what you are doing, or copy and past it.
OK you are trying to sell what ever it it you have done and quite right the local authority us aware the the next occupants might well be tenants who are physically disabled and cannot speak English and were raised in a home with no electricity; however some of the attitudes you attribute to the local authority enforcement /inspection officer seem an abuse of power to me.

There must be millions of families living in an environment with no linked fire alarms and rainwater the dribbles across the pavement into the gutter.

It is out of all proportion to the risk of flooding and the danger of your family being fried tonight.

fly_half83

Hi John_Pierpoint

Apologies; I am in the process of selling my property which we bought in a bit of a state to say the least. We subsequently completed the work for one or two bits and then got Building Control out to inspect the work.

They've not been too helpful to date in regards to telling us what needed to be sorted or even getting back to me with decent information. I appreciate I may have been a tad harsh on BC; just a lot of stress over the last few weeks in regards to all the work and keeping everyone happy.

We've done the 3 pieces of work outlined in the Inspection; just hope that when they come out again (Building Control) that there won't be anything else to worry about or do.

John_Pierpoint

How much have you had to pay for this somewhat sitting on the fence non service?

Mrs_Optimist

If anyone has had experience of our scenario I would appreciate feedback:

We have had PP granted for a 2 storey side extension on a 1930's semi. The original roof is hipped and we wanted it changed to a complete gable end over the original house and extension so we could use the loft, with optimum head height) as a habitable space (subject to Building Control) without having horrid dormers put on the back of the house. After much negotiation with the Planning Officer we reached agreement whereby the extension would be stepped in 450mm either end of the original house and the roof dropped by 200mm from the original roof over the extension with a dutch barn hipped roof to be in keeping with the rest if the road, and retain the hip. However we have discovered that by dropping by 200mm from the highest point of the original house we lose an awful amount of head height making it just past the 2.3 metres designed for building regs. We are wondering if it is worth asking that the original plans are altered so that the drop from the roof is only over the extension and we have the same height over the original house with a small hip joining the end of the original roof and the extension. I hope this makes sense?

We are already well underway with the building works so need to make a decision on whether to try and amend sooner rather than later (scaffold is already in place to build second floor).

What are the chances of us being successful?

John_Pierpoint

Hip to gable change in roof line.

Your description is a bit confusing, as it sounds as though you are renovating/extending both semis that make up the whole building ?

Can you recognise the type of roof you are being forced to build in these pictures?
ie are the planners after one of the sort of effects over the garages or the smaller roof on the left end of the bungalow ? As the walls are already going up I assume it must be something like the garage end of the building but with a hip effect of only 450mm ?

DrPepper123

Can someone confirm, what is the actual role of the planningdepartment after approval? Do they thenvisit the site and check that all discharging conditions are met etc? I am not confusing them with building controlin case anyone is wondering J

Jitx

planning_officer wrote: »

Whilst Class B of the amended permitted development legislation does state this, if a window is not development in the first place, then there is no requirement for it to be obscure glazed.

Basically, if you are assessing whether something needs planning permission you always ask the same 2 questions - firstly, is it development? And secondly, if it is development, is it permitted development? If the answer to the first question is no, it's not necessary to consider the second one.

Most new windows are not generally regarded as development, therefore the above quote does not apply. This quote is intended to restrict new windows in an extension which benefits from permitted development rights, rather than isolated new windows in the side elevations of an existing property.

Just wanted to check if this is still the case or if there have been any legislation changes?

I'm thinking of replacing some glazing on a side elevation that's on the first floor. At the moment some of the glazing is clear and some is obscure. I'm thinking of making it all clear and also adding some opening windows. Would that cause any planning issues? Btw, this is glazing in the original house built approx 100 years ago.