Building control

karabash

We have spent the last five years renovating a property which was so bad we ended up moving into our summer house that we built. This involved installing a shower room and toilet (on a mascerator) a wall diving the place in half to create a bedroom and kitchen cabinets along the back wall of the other room. We had already installed a log burner. The council were fully aware we had moved into this, they asked us if we wanted to change the CT as the house was unliveable. We have had visits from building control throughout the years, the building was on our original notification to them, there men measured the size , under 30m2 and over 1m from all boundaries. The last sign off visit by a new guy and he has slapped an unauthorised dwelling notice on. He says he can not enforce anything but this is now going to flag up in the sale. I know I have 4 year rule for planning certificate of lawfulness but I don't want it to be a dwelling for council tax reasons. What is my best option and can they do this after 5 years?

MSE_ForumTeam5

Moved from England board

Section62

karabash said:

We have spent the last five years renovating a property which was so bad we ended up moving into our summer house that we built. This involved installing a shower room and toilet (on a mascerator) a wall diving the place in half to create a bedroom and kitchen cabinets along the back wall of the other room. We had already installed a log burner. The council were fully aware we had moved into this, they asked us if we wanted to change the CT as the house was unliveable. We have had visits from building control throughout the years, the building was on our original notification to them, there men measured the size , under 30m2 and over 1m from all boundaries. The last sign off visit by a new guy and he has slapped an unauthorised dwelling notice on. He says he can not enforce anything but this is now going to flag up in the sale. I know I have 4 year rule for planning certificate of lawfulness but I don't want it to be a dwelling for council tax reasons. What is my best option and can they do this after 5 years?

BiB1 - Do you actually have a certificate of lawful development?  Or do you mean you know you can apply for one?

BiB2 - it depends what 'this' is.  When did you build the summerhouse, and when did you start living in it?  Did the council planning department give you temporary consent to live in it?

Were the people who measured the size of the building from Building Control, or from Planning?

To live in it the building would need to comply with building regulations, and would also need planning consent as a dwelling.  It is possible you had permitted development rights (for planning) to build it as a summerhouse, but you wouldn't be able to live in it.  If you live in it then it becomes a dwelling and would always need planning consent.

There are time limits (usually 1 year for building control, 4 for planning) for enforcement of breaches, so whether or not the council can do anything after 5 years depends on the specifics of what you have done and what the council knew and when.

ProDave

I read this as BC are saying this cannot be used as a separate dwelling.  but you don't want to do that anyway?

Remove all the stuff you added to make it a temporary dwelling and it is just fine as a summerhouse.

the main thing is you have a BC completion certificate for the work on the main house.

sheramber

What are your plans going forward for the house and the summerhouse?