Common misconception re Local Authority Planning and Building Control Departments

mr_taffy_2

seven-day-weekend wrote: »

Are you supposed to have Building regs to fit a different door that just goes where the old one was? Not a new opening?

Seems a bit mad.

yes unless the contractor is fensa registerd then you dont need it

seven-day-weekend

My husband is not fensa registered, he has done the work now. Ho hum.

beaker141

mr_taffy wrote: »

yes unless the contractor is fensa registerd then you dont need it

I thought FENSA only applied to a certain percentage glazed area, not sure what style of backdoor you have but if it is mainly solid with below a certain percentage of glazed then it doesnt need anything.

Have a good search on t'interweb for the details and post back if you find anything official.

bosseyed

CarMadMoneySaver wrote: »

There is a way round this (albeit a long winded one).

An application is required when in excess of 25% of a thermal element is replaced, 24.9999% being classed as a 'repair'. If you really, really want to avoid the application being necessary (and I can understand that you do, because not only is there the hundred and forty odd quid to pay, but there's the major head-scratcher of how to insulate a solid wall) do approximately 24% at a time, with a suitable time period between bouts of rendering (say three months). Take plenty of dated photographs and flag up to your neighbours what you're doing too. That should mean that if your Local Authority proceeds with Enforcement action you have photographic proof AND witnesses that you broke no rules. No sensible Authority would proceed with a case in those circumstances.

Going back to the fee - that seems very steep. In the Authority where I work, the Application Fee under a Building Notice would be under £80 for this. There are fee guidance regulations in place from Central Government, with a variance of a few percent allowed (either ten or twenty five percent - I know it's one or the other). Sounds like the Authority in question are being a bit naughty with their fees.

Even if you do have to submit an application and get the works inspected you only have to provide a 'reasonable' (the wording in Approved Document L) level of insulation. If by insulating this wall you would lose over 5% of the floor area of a room, then it is deemed unreasonable to ask for the full amount of insulation. Also, if the building is listed or in a conservation area then in some cases English Heritage and/or the Authority's conservation officer have the final say over whether or not it would be permitted to change the building to incorporate the required degree of insulation.

All is not lost.

Heh, I work for a building surveyors and its amazing how much consideration is given to the work we do on certain commerical projects so that that it doesn't incur the wrath of the Part L regs and make the entire project financially worthless.

BrokeButWorkingOnIt

In my neck of the woods each Planning Decision consent issued states that it is not Building Control Approval & to find out if this is needed before starting work. Easiest way to check is just give 'em a call... most of the Planners & B Inspectors I've come into contact with are decent bods...

ru2days

Thanks !! for the this good information.

harryhound

Any body know how "the big society" of neighbours is going to decide on small scale local building issues?

kindofaverage

hi all

Neighbours are having a 2 story extension built next to us. They have gone through all the process and have had the yellow notice put up on their lamp post. we will be objecting due to the considerable reduction of light it will cause. Basically, what we want to know is it worth objecting as surely the council would see from the plans the closeness of the extension to our property and therefore the reduction in light. thanks for any possible info!!!

harryhound

There is a concept of "ancient lights" that pre-dates this planning permission stuff.

Under the planning rules/building regulations there are methods of working out how much light can be blocked.

Most planning departments have rules of thumb such as the 45 degree rule. (You stand at the back window of your house and can turn through 45 degrees right or left, before seeing the "monstrosity" being built next door).

There are usually rules about "overlooking" though these can often be avoided by the use of glass bricks or frosted glass.

However the standard, and recently enhanced, "permitted development rights" may override what the local authority planning officers would like to think of as their powers. (eg an extension sticking out 4 meters at the rear of a property or rooms in the roof with a dormer window almost on the edge of the existing tiled roof).

However nobody has an absolute right to endless sunshine over someone else's land and definitely does not have a right to a view.

Before upsetting your neighbours, you need to understand all the if's and but's of the system, as applied by your local authority. They have a difficult line to draw and don't have much money now, so don't assume that the desk bound employee will appreciate all the issues involved.

gunslingerOK

Hi,
This has been a very informative and helpful thread for me.
What I would now like to know is what happens when one does not get the appropriate building regulation signoff?
Here is my example:
Flat owner needs to replace a window as old window frame is rotten beyond repair.
Owner contacts leasehold management company who say - "OK you can replace it, so long as you let council know."
Owner contacts council, who say "please contact council department X"
Owner sends council department X a letter explaining proposed window replacement.
No reply from council department X.
It is cold and wet and window is letting in water and letting out warmth.
Leasehold management company say (over phone), "OK you can go ahead with window replacement without council say-so"
Window replaced by builder who is not registered. He leaves no documentation about window.
Two months later, leasehold management company write to flat owner requesting plans and council signoff for any proposed changes.
From the above discussion, it appears the flat owner now has a window that has not followed the correct process. What should the owner do now?
Contact the council's building control department to arrange retrospective clearance?
All helpful advice appreciated.
Thank you.