Loft conversion (Merged)

lycane

How to verify if loft conversion is legal and how to deal with reporting to building control? We find on the council website only information from years ago about unauthorised works relating to loft conversion.Nothing more. Our concerns regard reasonable sound insulation between the conversion and the rooms below and  the structural strength of the floor. What outcome we will get if there is no planning permission and how quickly? Can they restrict living there?
We also found the information that the council does not have control over works completed more than four years ago. Does it mean if it was completed earlier reporting will have zero effect to force the change?

There was some recent work on floor insulation though, would that qualify as a new amendment and could be reported as not sufficient and control by building control if they do not do it after 4 years?

lycane

Which noise specialist should we call to prove the flat rented to us is not habitable?
We do not know if the house had planning permission or not but above us there is an attic rented to other people. It is not possible to live and especially sleep in this flat. The floor is creaking, and the feel is the ceiling is falling down on our heads whenever there is any movement above. One of us already is forced to neurological treatment. We will be moving as soon as possible and want to gather evidences now.

Doozergirl

You're renting?  You want to get out of your tenancy early? 

If so, then your question probably
surrounds how you do that within the terms of your contract, before you make a mistake because you've focussed on the wrong thing.  

We bought a flat where you could see into downstairs when the carpet was lifted.  It was legal
when it was converted but wouldn't be now!  Upstairs may or may be compliant, but it doesn't affect your contract, regardless.  
 

lookstraightahead

What do you want the outcome to be?
how long is left on your contract?

lycane

lookstraightahead said:

What do you want the outcome to be?
how long is left on your contract?

it is not about the contract but gathering evidences as written before

Windofchange

Evidence of what? That there is noise? Keep a diary? What are you hoping will come of this? I think the process is usually keep a diary of noise, complain to the council / landlord, get told there is nothing that can be done, move out. Seems pointless trying to pay for a report that is going to have zero impact on anything. Not even sure such a service exists anyway. 

[Deleted User]

The most important thing is you need to tell us what your reasons for gathering evidence are. What are you going to do with it?

Norman_Castle

Being able to hear the neighbours walking on their floor does not make a property uninhabitable.

lycane

[Deleted User] said:

The most important thing is you need to tell us what your reasons for gathering evidence are. What are you going to do with it?

legal action later, it is not only about this, generally landlord breaks most of the uk rental law and not only.We didnt know it before moving in unfortunately an Covid stopped us from moving out

lycane

Windofchange said:

Evidence of what? That there is noise? Keep a diary? What are you hoping will come of this? I think the process is usually keep a diary of noise, complain to the council / landlord, get told there is nothing that can be done, move out. Seems pointless trying to pay for a report that is going to have zero impact on anything. Not even sure such a service exists anyway. 

we keep a diary. Is there any particular department in Council that is dealing with it? I think I have already read that they do not deal with poor insulation

yes this is what I found: 

'We receive many complaints about neighbour noise from children playing, stamping, loud talking, closing doors, dropping objects and intermittent banging. In many cases this type of noise is a problem because of poor sound insulation between two properties and rather than from unreasonable or antisocial behaviour.

Noise of this nature can be disturbing and annoying but the law regards this sort of noise as “ordinary domestic noise” and this means that there is nothing that the Council can do to intervene.

The Courts have ruled that action cannot be taken using the statutory nuisance provisions within the Environmental Protection Act 1990 where sound insulation is found to be insufficient. As such the Council is sometimes powerless to act and the only course of action open is to offer advice to neighbours on steps that can be taken to minimise disturbance to their neighbours. In such cases we will assess whether the noise complained of is classified as ordinary domestic noise'

I guess though the night creaking of the floor is not an ordinary noise

FreeBear

lycane said: I guess though the night creaking of the floor is not an ordinary noise

Sure it is - I have floorboards that creak depending on where you tread on them. Short of replacing the whole floor, there isn't much that can be done to reduce the noise. Then there are pipes that will tick & squeal when the heating is on or a hot tap used.