Refusal of request to build a conservatory

fluffy8691

Evening or morning all!

I am after a bit of advice on where I stand on terms of a second hand conservatory being built on the rear of my rented property. 

A bit of background information first, my HA contracted a company to demolish and clear a conservatory built on the rear of a neighbouring property as it had not been built to standards and was deemed dangerous. There is no fault in the framework of the conservatory itself just in the shortcuts taken by the builders. 

I purchased the conservatory from the company contracted to carry out the demo for next to nothing and received a quote for it to be re-built. My HA got what they wanted, I got a cheap conservatory and the contractors get a job from a job - win win all round, only here lies the problem. 

My HA had an anonymous tip of that I stole the conservatory, this was proven false by the builder who confirmed I had paid a fee for the conservatory and had authorisation to move it to my property. My HA has since kicked off with the contractors in an attempt to have the conservatory removed from me; I refused to swap back as no laws had been broken. I purchased the conservatory which was too be skipped, in honesty the payment was for the bifold doors which were to be sold on anyway - the rest was just thrown in for free! Now my HA has refused permission for me too build a conservatory as it may contain elements from the demo’d structure of the neighbouring property and as a result it would not carry a FENSA certificate. In honesty my HA are just being a**eholes and doing everything they can to make my life difficult, not only with the conservatory but with everything - a complaint is in process. 

Am I right to think that if I get building control involved and follow them to the T then a FENSA certificate can be granted?! 

What can I do about this ongoing battle with my HA that should of been dropped as soon as they had a report of theft. The most they should have done is contacted the police and left it to them to investigate. At the point they paid to have the conservatory demo’d and rid off it was nothing to do with them and yet they are trying everything in their power to keep me from building one! 

Thank you for your time and I appreciate your responses! 

DayDreamerandGeneralWaster

Presumably the HA paid for appropriate disposal, which did not take place. 

If you don't use a FENSA registered installer, building control can sign it off. 

You are planning to build a conservatory on a property owned by the HA? Not sure why? It's their property, surely you need their consent? Are you sure they can't terminate the housing agreement?

jackieblack

fluffy8691 said:

I am after a bit of advice on where I stand on terms of a second hand conservatory being built on the rear of my rented property. 

You need your landlord’s/the homeowner’s permission.
Everything else in your post is irrelevant.

Davesnave

I would concur with the above. A tenant has no right to make a material alteration to their landlord's property without permission.

fluffy8691

I’m fully aware I need the HA’s permission to build a conservatory my problem is they have refused my request. 

I have lived in the property for ten years with my kids and would like to build a conservatory. Other renting tenants have done the same up my street alone and yet they have denied me permission purely because it contains elements of the dismantled conservatory. 

I will use building control and an approved builder!

Can I take action against the HA for denying permission without due reason?

DevilDamo

The majority of conservatories are exempt from BR’s, so that could be a waste of time. 

macman

Consult the terms of your tenancy agreement. What permissions they have given in the past to other tenants is not relevant, because most likely the granting of such permission is discretionary.  If so, they have every right to refuse you permission.
The obvious way to 'test' this is to apply for permission once again, but this time based on installing a new and non-recycled conservatory.

Davesnave

I think your only line of complaint might be along the lines of discrimination, but given that past decisions don't necessarily set precedents, I'm not sure how far that would go.

What have you got in writing from the HA?

FreeBear

DevilDamo said: The majority of conservatories are exempt from BR’s, so that could be a waste of time. 

That would be my understanding too. Conservatories are generally classified as an outbuilding, so building regs are not normally applicable.

However, if the OP is installing the bi-fold doors in the house, these would need FENSA or equivalent paperwork.

Homer_home

I have a feeling there's much more to this story than we are being told......

For example how did the ha come to think you stole the conservatory and therefore got the police involved?

Jack_Cork

It would appear the HA dont wont you to re-erect a conservatory they have previously condemned and why would they. Just because someone says they'll install it better this time wont make any difference, it been condemned end of. I agree with a PP try to apply again, this time with a new conservatory, not one scavenged from a skip