advise needed on conversion and building regs from 20 years ago

tom_thumb_2

Hi, advice needed, please help?
In 2003 i bought a deralict building that had been converted in 1987 into two flats.
At this same time, I enquired about the status quo of the planning for the two flats and was told by the council that retrospective planning was in place because the conversion had taken place some 16 years previous in 1987. This i took as gospal, and so i refurbished the two flats.
Recently, I sold the 2 flats and i was asked to provide the planning certificate to my buyers solicitor. I visited the planning dept at the council but was told they knew nothing of the two flats which they only had documented as being a single dwelling and becuase of this i would have to apply for planning permission.
My solicitor advised me to apply for a lawful development cert which i am now in the process of doing. Also, i have been told that building control will have to pay a visit to ensure the flats meet the current regulations.
Council tax has been paid on both flats since 1993 and so the council was aware this property had previously been used as 2 flats. I also have documents from the valuations office which state the flats were converted around 1987, thus proving the council were aware of the conversion.
MY QUESTIONS ARE- Do i have to ensure the flats meet current building regs if i can prove they were prexisting? and secondly, what are the rules regarding exisiting conversions? and why if the council were aware of the change of use did not enforce the planning and building regs in 1987 ?
I would really appreicate any help, as i feel as though i am getting a raw deal so far !

BobProperty

tom_thumb wrote: »

MY QUESTIONS ARE- Do i have to ensure the flats meet current building regs if i can prove they were prexisting?

Any work you have done recently to change the flats from "derelict" will have to comply with Building Regulations.

tom_thumb wrote: »

and secondly, what are the rules regarding exisiting conversions? and why if the council were aware of the change of use did not enforce the planning and building regs in 1987 ?

They can't enforce anything from 1987 either planning or building regulation wise. You should get "lawful development" as you can show that the council knew the place was in two flats.

tom_thumb_2

thanks, but can the building control officer pull the place apart when he visits in a few weeks and make me carry out work to the two flats so they meet current regulations ? they have been flats for 21 years now ..? i have only owned them for 5

Doozergirl

I don't think that he can, no. They cannot enforce anything carried out more than 12 months ago without a great deal of expense on their part. And you don't need the buidling regs from back then in order to be able to sell. Indemnity insurance should suffice, if indeed it is even asked for.

You need to address the planning issue first - ie. get your certificate of lawful development and only deal with building regs for any work you have carried out recently after planning has been sorted. (to be on the safe side)

Why are building regs visiting you now? Who organised that and what for?

tom_thumb_2

Thanks for your reply, in 2003 i was advised to have a steep staircase replaced and to reopen a bricked up doorway, which i did do using skilled tradesmen, no one came back from the council and these were never checked out. I did not know they need to be looked at or checked over after i had them completed. The guy that came out was not from building control but from the grants dept. I mentioned this to my solicitor and was told they would need to be looked at by building control nearly 5yrs later ? when i spoke to buildng control they told me i would have to have both the flats checked over to make sure they comply with all building regs - is this true or when my decition on planning is made can i take out indemnity insurance for any work undertaken ? can you give me any more info on indemnity insurance ? thanks for your help :T

simcla

Building control will have got involved because you have had work done that they should have checked, but hadn't ', and they now won't know which work was done before the 1987 cut off date and the work you have carried out.more recently

chappers

As DG says BC would normally have only been interested in enforcing works carried out around 12 months ago , although they can use the dangerous structures act to enforce older works.
if you have any works prior to then you should politely ask the BCO to disregard them however now you have got him coming he may ask for proof that these works were carried out when you said they were.
If he gets picky and you can't prove when any of the works were done then yes he could insist that they meet current regs.However i doubt he would be so fussy.
You have opened up a very large can of worms by getting BC involved as it is very possible that they won't regularise the prperty until it is up to regs and if they do refuse you will no longer be eligible for any indemnity policy.
Your only option then would be to get the whole property up to a standard that they are willing to regularise.

tom_thumb_2

The guy from building control is not yet booked in, i was told by the planning to speak to him but he told me to get back in touch when i had sorted the unlawful development cert. I have pictures and reciepts that go back to 2003 from when i refurbished the flats out. Would this be enough do you think ? thanks