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Help selling a house with floored attic no building regs

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  • System
    System Posts: 178,346 Community Admin
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    edited 3 June 2018 at 2:11PM
    A20 A door, window or rooflight when the work includes replacing the frame.
    Section A of the table covers types 1-23 - 1 being a house.
    It's why fensa doesn't exist in Scotland, replacement rooflights are just required to meet the regulations, they don't require a building warrant
    Where a roof space has limited boarding inserted to allow access to services or to allow attic storage, or where the removal of a non-loadbearing wall creates a marginal increase in floor area these should not be considered as increasing the floor area.
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  • dunroving
    dunroving Posts: 1,903 Forumite
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    edited 3 June 2018 at 2:21PM
    the_r_sole wrote: »
    A20 A door, window or rooflight when the work includes replacing the frame.
    Section A of the table covers types 1-23 - 1 being a house.
    It's why fensa doesn't exist in Scotland, replacement rooflights are just required to meet the regulations, they don't require a building warrant

    Thanks, I guess I need to look more carefully at the contents page you linked me to, as I can't see Section A in the table ... this one? http://www.gov.scot/Topics/Built-Environment/Building/Building-standards/techbooks/techhandbooks/th2017domcomp

    Hmmm, that was singularly unhelpful, as the Web address takes you to the Contents page, not the section on exempted buildings).

    I understand the attraction of these interactive Web sites/pages but wish there was a pdf version of the whole thing so you can refer to something as "Table 2 on page 36".

    Is it Table 0.1 you are referring to? I don't see A20 in there, only the section 20 I pasted from above.

    I have seen the description you pasted before, because I recognise it, maybe in some "summary of main points" type page.
    (Nearly) dunroving
  • System
    System Posts: 178,346 Community Admin
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    On my phone at the moment but will give you the page ref later
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • dunroving
    dunroving Posts: 1,903 Forumite
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    edited 3 June 2018 at 2:55PM
    the_r_sole wrote: »
    On my phone at the moment but will give you the page ref later

    Thanks, sorry to be a pain in the bahookie but I'm flummoxed.

    Separate point, but it would also be helpful to have a Q&A guide/flowchart to some of these things, so at the end, the person can get an answer such as, "The proposed or previous building work may require a warrant under Section X of Chapter and Verse Y, "erection of sheds and storage buildings where the storage facility is attached to a residential dwelling" Probably too helpful for local authorities to consider putting resources into something like this.

    When searching online, I tend to coome across bits and pieces, some of which are Scotland gov.uk pages and some of which are specific council pages (same information, but presented in different format - why they don't just link to the national standards, I don't know).

    Often when I find something like this for example:

    http://www.gov.scot/resource/buildingstandards/ProceduralHandbook/chunks/ch02s04.xhtml

    It isn't clear what date it was produced (is it current?), nor a clear link t the "whole document", so to speak (just Prev and Next links). When I parse chunks off the end (e.g., http://www.gov.scot/resource/buildingstandards/), I get a message "The resource you are looking for has been removed, had its name changed, or is temporarily unavailable." (Great)

    That's really what I meant when I referred to the unhelpfulness of available information to people like the OP. It's like a police constable saying, "You are under arrest - read the 230 page manual to figure out why; it's not my job to tell you, it's your job to figure it out" Aaargh.
    (Nearly) dunroving
  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 3 June 2018 at 8:48PM
    dunroving wrote: »
    Thanks, sorry to be a pain in the bahookie but I'm flummoxed.

    Separate point, but it would also be helpful to have a Q&A guide/flowchart to some of these things, so at the end, the person can get an answer such as, "The proposed or previous building work may require a warrant under Section X of Chapter and Verse Y, "erection of sheds and storage buildings where the storage facility is attached to a residential dwelling" Probably too helpful for local authorities to consider putting resources into something like this.

    When searching online, I tend to coome across bits and pieces, some of which are Scotland gov.uk pages and some of which are specific council pages (same information, but presented in different format - why they don't just link to the national standards, I don't know).

    Often when I find something like this for example:

    http://www.gov.scot/resource/buildingstandards/ProceduralHandbook/chunks/ch02s04.xhtml

    It isn't clear what date it was produced (is it current?), nor a clear link t the "whole document", so to speak (just Prev and Next links). When I parse chunks off the end (e.g., http://www.gov.scot/resource/buildingstandards/), I get a message "The resource you are looking for has been removed, had its name changed, or is temporarily unavailable." (Great)

    That's really what I meant when I referred to the unhelpfulness of available information to people like the OP. It's like a police constable saying, "You are under arrest - read the 230 page manual to figure out why; it's not my job to tell you, it's your job to figure it out" Aaargh.

    I. Technical Handbook - Domestic
    >>0. General
    >>>>0.5 Buildings work, services, fittings and equipment not requiring a warrant
    Table 0.3

    It is fairly mundane stuff tbh, but useful to know, especially when solicitors don't know or understand the regs and give poor advice - even more useful when dealing with some local authorities!
    There are caveats and knock ons from different types of work (and we still don't know which local authority the op is dealing with) - and obviously we still don't know the extent of works that have been carried out in this instance....


    (also, never read the procedural handbook linked in your post above unless you absolutely have to, that is basically the instructions for officers on how they should do their job, it will only refer to the technical handbook rather than giving you the detail (that one you linked to was 2017)

    The problem the op has now, is if the work doesn't require a warrant they are going to have to get a written confirmation from the local authority that this is the case and they will be reluctant to do so... but as far as i'm aware there isn't really a formal process for getting sign off for something that doesn't require a sign off and now the indemnity route is closed the solicitors are going to have to actually figure out how to satisfy a lender
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • dunroving
    dunroving Posts: 1,903 Forumite
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    the_r_sole wrote: »
    I. Technical Handbook - Domestic
    >>0. General
    >>>>0.5 Buildings work, services, fittings and equipment not requiring a warrant
    Table 0.3

    It is fairly mundane stuff tbh, but useful to know, especially when solicitors don't know or understand the regs and give poor advice - even more useful when dealing with some local authorities!
    There are caveats and knock ons from different types of work (and we still don't know which local authority the op is dealing with) - and obviously we still don't know the extent of works that have been carried out in this instance....


    (also, never read the procedural handbook linked in your post above unless you absolutely have to, that is basically the instructions for officers on how they should do their job, it will only refer to the technical handbook rather than giving you the detail (that one you linked to was 2017)

    The problem the op has now, is if the work doesn't require a warrant they are going to have to get a written confirmation from the local authority that this is the case and they will be reluctant to do so... but as far as i'm aware there isn't really a formal process for getting sign off for something that doesn't require a sign off and now the indemnity route is closed the solicitors are going to have to actually figure out how to satisfy a lender

    Thanks, I now see the section you were referring to earlier. I did chuckle when I saw there were "exceptions to the exemptions." Logical, I guess, but what a tongue- and mind-twister!

    So, unless the roof was structurally altered, the installation of attic flooring wouldn't be an "exception to an exemption" (in terms of being an addition to the floor area of the house) and as you pointed out, *if* the whole window with frame was replaced, it is exempt. But at the moment we aren't 100% sure what was the rationale for the solicitor (which solicitor?) saying there was an issue.

    Either way, it seems the Council (and possibly either the solicitor or buyer or lender) are getting a bit carried away here. But as you say, what is the procedure for applying to show that you don't need to follow another procedure/application?
    (Nearly) dunroving
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