Have I made a mistake contacting building control about planning ?

Grumpy_chap

Chief_of_Staffy said:

Building regulations legislation states that there must be evidence that the room, whatever it is, is safe to inhabit

Building Regulations only apply when building new or making changes.  The regulations are not retrospective.

Chief_of_Staffy

Grumpy_chap said:

Chief_of_Staffy said:

Building regulations legislation states that there must be evidence that the room, whatever it is, is safe to inhabit

Building Regulations only apply when building new or making changes.  The regulations are not retrospective.

That's right. If the OP simply wanted to continue living there, or sell it whilst disclosing the room hadn't been signed off for human habitation, it wouldn't be an issue. However, with no building regs or planning to show the space is safe then marketing it as a habitable room could be seen as misrepresentation, and puts the seller at risk. What degree of risk, who knows.

Section62

Chief_of_Staffy said:

Section62 said:

Chief_of_Staffy said:

Section62 said:

Chief_of_Staffy said:

Grumpy_chap said:
That seems to be making things very binary.

Not really, it's just a fact. Legality cannot be established in the absence of facts.

The law in England and Wales (and Scotland?) works the opposite way round.  Things are legal unless there is a law which says otherwise.

There is a law that says otherwise. Building regulations legislation states that there must be evidence that the room, whatever it is, is safe to inhabit.
...

That would be the Building Act 1984, and it doesn't state that.

It's literally the first sentence of the Act. Building regulations are to...

secur[e] the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings

Those words appear in a google search result for "The Building Act", but certainly aren't "literally the first sentence of the Act".

The actual words can be found here -

https://www.legislation.gov.uk/ukpga/1984/55

Chief_of_Staffy said:

If you're searching for the words 'there must be evidence that a room is safe to inhabit' you might be disappointed, but the entire statue can be summarised in a single aim - ensuring buildings and rooms are safe to for humans to inhabit.

I wouldn't be disappointed, because I know those words aren't in the Act.

Lots of different summaries can be written by people, potentially with their own particular slant, but that isn't law.

The legal requirement you are claiming exists, simply doesn't.  And it is misleading to claim otherwise.

A room can be used as a bedroom unless there is a legilsative requirement which says it can't.

Grumpy_chap

Chief_of_Staffy said:

Grumpy_chap said:

Chief_of_Staffy said:

Building regulations legislation states that there must be evidence that the room, whatever it is, is safe to inhabit

Building Regulations only apply when building new or making changes.  The regulations are not retrospective.

That's right. If the OP simply wanted to continue living there, or sell it whilst disclosing the room hadn't been signed off for human habitation, it wouldn't be an issue. However, with no building regs or planning to show the space is safe then marketing it as a habitable room could be seen as misrepresentation, and puts the seller at risk. What degree of risk, who knows.

Not so. Today's building regulations do not apply retrospectively to the work done 50 years ago.

Chief_of_Staffy

Section62 said:

Those words appear in a google search result for "The Building Act", but certainly aren't "literally the first sentence of the Act".

The actual words can be found here -

https://www.legislation.gov.uk/ukpga/1984/55

Correct, they can. And the literal first sentence of the Act from your link. Section 1, a. Power to Make Building Regulation is

(1)The [appropriate national authority] may, for any of the purposes of—

(a)securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings...

Section62 said:

I wouldn't be disappointed, because I know those words aren't in the Act.

They are. I just showed you.

Section62 said:

A room can be used as a bedroom unless there is a legilsative requirement which says it can't.

Please read my posts before you reply. That would be a good start.

user1977

Chief_of_Staffy said:

Grumpy_chap said:

Chief_of_Staffy said:

Building regulations legislation states that there must be evidence that the room, whatever it is, is safe to inhabit

Building Regulations only apply when building new or making changes.  The regulations are not retrospective.

with no building regs or planning to show the space is safe then marketing it as a habitable room could be seen as misrepresentation, and puts the seller at risk.

Please tell me how I demonstrate to buyers that my 1880s-built bedroom is safe.

Grumpy_chap

user1977 said:

Please tell me how I demonstrate to buyers that my 1880s-built bedroom is safe.

Get out now!!
You must get out now.
For your own safety.
That building is an absolute death trap - could literally result in the immediate death or serious injury of anyone who stays there at any time
Get out!
GET OUT!
You must not sleep there.
Not that I suppose you could anyway as the property will be full of all the disturbed souls of those that went before haunting the place.
Get Out!

  

Chief_of_Staffy

user1977 said:

Chief_of_Staffy said:

Grumpy_chap said:

Chief_of_Staffy said:

Building regulations legislation states that there must be evidence that the room, whatever it is, is safe to inhabit

Building Regulations only apply when building new or making changes.  The regulations are not retrospective.

with no building regs or planning to show the space is safe then marketing it as a habitable room could be seen as misrepresentation, and puts the seller at risk.

Please tell me how I demonstrate to buyers that my 1880s-built bedroom is safe.

Jump up and down on the floor? Since it will comply with all building regs at the time it was constructed (i.e. none) then that's probably your best option.

Section62

Chief_of_Staffy said:

Section62 said:

Those words appear in a google search result for "The Building Act", but certainly aren't "literally the first sentence of the Act".

The actual words can be found here -

https://www.legislation.gov.uk/ukpga/1984/55

Correct, they can. And the literal first sentence of the Act from your link. Section 1, a. Power to Make Building Regulation is

(1)The [appropriate national authority] may, for any of the purposes of—

(a)securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings...

Section 1 of the Act is permissive one which grants the 'appropriate national authority' the power to make regulations.  It doesn't impose a restriction on homeowners as to what they use different rooms in their homes for.

Chief_of_Staffy said:

Section62 said:

I wouldn't be disappointed, because I know those words aren't in the Act.

They are. I just showed you.

The words in question were 'there must be evidence that a room is safe to inhabit' - it is those that don't appear in the Act.  Nor is there anything which is the equivalent of those words.  Because that isn't the purpose of the building regulations.

Your posts aren't accurately reflecting what the law says and risk confusing other forum members.

Skint_yet_Again

Certainly got the OP confused 😵‍💫 🤯🤦‍♀️