4 year rule

[DaveAS]

Hi every1

I need some help please. A friend of mine is working on a house doing a refurb. The inspector came along and told him that the current extension does not have planning and that it does not comply with building regs.

its been there for more then 4 years, what can the vendors do??

ive spoken to the inspector about the 4 year rule, he says that applys to the planning aspect not the building regs aspect??

can someone confirm please.

Thanks

dave

 

[freddiemercurystwin]

As you surmise, in respect of Planning your friend would appear to be in the clear however Building Regs are another matter. Whilst they won't take any enforcement action at this stage unless there are obvious structural issues) they may hold the Building Regulations Certificate for the new works as a ransom in order to ensure the illegal works are regularized.

Refer to this thread here, its a bit long winded but the upshot was that the homeowner bought the place and unbeknown to him it had had works done previously which were not compliant with Regs and when the new homeowner went to get Regs Approval for his own new works Building Control basically said get the illegal works Regularized. The OP's (Disco Shoes) post on the second page of the thread is the killer. //www.diynot.com/forums/viewtopic.php?t=233509&start=0&postdays=0&postorder=asc&highlight=

 

[geraldthehamster]

As you surmise, in respect of Planning your friend would appear to be in the clear however Building Regs are another matter. Whilst they won't take any enforcement action at this stage unless there are obvious structural issues) they may hold the Building Regulations Certificate for the new works as a ransom in order to ensure the illegal works are regularized.

Refer to this thread here, its a bit long winded but the upshot was that the homeowner bought the place and unbeknown to him it had had works done previously which were not compliant with Regs and when the new homeowner went to get Regs Approval for his own new works Building Control basically said get the illegal works Regularized. The OP's (Disco Shoes) post on the second page of the thread is the killer. //www.diynot.com/forums/viewto...0&postdays=0&postorder=asc&highlight=[/QUOTE]


I wonder if a private sector building control provider would be less likely to hold a completion certificate to ransom and insist that previous works were regularised? Would private building control have any interest in previous works? I have no idea, but it might be something to consider, when planning new works in such a situation.

Cheers
Richard

 

[freddiemercurystwin]

I like the cut of your gib Sir!

 

[DaveAS]

They wont get involved once you have approached the council

 

[abuildingsite]

As you surmise, in respect of Planning your friend would appear to be in the clear however Building Regs are another matter. Whilst they won't take any enforcement action at this stage unless there are obvious structural issues) they may hold the Building Regulations Certificate for the new works as a ransom in order to ensure the illegal works are regularized.

Refer to this thread here, its a bit long winded but the upshot was that the homeowner bought the place and unbeknown to him it had had works done previously which were not compliant with Regs and when the new homeowner went to get Regs Approval for his own new works Building Control basically said get the illegal works Regularized. The OP's (Disco Shoes) post on the second page of the thread is the killer. //www.diynot.com/forums/viewto...0&postdays=0&postorder=asc&highlight=[/QUOTE]


I wonder if a private sector building control provider would be less likely to hold a completion certificate to ransom and insist that previous works were regularised? Would private building control have any interest in previous works? I have no idea, but it might be something to consider, when planning new works in such a situation.

Cheers
Richard

Private BC (Approved Inspectors) have no powers to accept applications for works which have already started. Any BC dept would reject any such attempt on sight (which they are entitled to do as even private inspectors have to notify the council of their intention to take on a job).

You're basically buggered.

The current period of enforcement under BRegs is 2 years- so after 2 years BC have no power to prosecute or enforce. HOWEVER, they still have the power to slap on a Contravention Notice which will be highlighted on any solicitor's search (most BCOs don't realise this and think they can't do anything after 2 years).

My advise- do something to show compliance and get your certificate. Even most indemnity insurances would be worthless at this point.

 

[DevilDamo]

There are pro's and con's in going with an Approved Inspector as opposed to Local Authority. I've used AI's on a couple of previous jobs but 99% of jobs I deal with are with the LA.

As for enforcement... if you had an application with an AI and you were contravening the Building Regulations, I'm pretty sure the AI's cannot take enforcement action against you as they do not have that power. However, they can then pass the case to the LA who do have powers to progress it.

 

[jeds]

You can't be served an enforcement notice if the works were completed more than 12 months ago. The LA could take out an injunction (no time limit on that) but they must show that it is in the public interest to do so. So that won't happen unless what you've done is a public nuisance or a serious hazard.

The indemnity insurance basically insures the buyer of a property against any costs arising from local authority enforcement or injunction after the expiry of 12 months. This is fairly cheap insurance and money for old rope for the insurance comnpany because they know full well that there is no possibility of enforcement and that in the history of the universe no injunction has ever been brought by any local authority for ordinary domestic building works.

 

[abuildingsite]

You can't be served an enforcement notice if the works were completed more than 12 months ago. The LA could take out an injunction (no time limit on that) but they must show that it is in the public interest to do so. So that won't happen unless what you've done is a public nuisance or a serious hazard.

The indemnity insurance basically insures the buyer of a property against any costs arising from local authority enforcement or injunction after the expiry of 12 months. This is fairly cheap insurance and money for old rope for the insurance comnpany because they know full well that there is no possibility of enforcement and that in the history of the universe no injunction has ever been brought by any local authority for ordinary domestic building works.

Agreed, but the inspector is still within his rights to serve a Contravention Notice on the works to highlight the illegal extension.