Definition of a new dwelling

[Tricky9]

Hi folks,

I'm having a spot of bother with the council regarding some work I have done in my home. The council are the freeholders of the property hence I need their approval.

The work I have done in my flat involved splitting a large kitchen in two with a stud wall to form a new room which will be a bedroom.

The council are now saying that I must move the consumer unit up to a height of between 1350 and 1450 mm above floor level to comply with Part M as detailed in Document P. I've not touched the consumer unit at all, it just happens to be located on the outside wall in the new bedroom at a height of about 1000mm

I've got 2 questions:

1. Is the new room classified as a "New Dwelling" ?

2. Does their request seem reasonable?

Thank you!

 

[DevilDamo]

It would be classed as a new habitable room, not a dwelling. Part M should not apply to those works. If there are alterations to the existing CU, then this could come under Part P.

 

[^woody^]

If the work requires building regs then you need to comply with those - if those regs require the relocation of the CU then you need to do it as part of that approval process.

But it is an unreasonable request for the council to make as freeholders, and as such not something for which they can withhold permission. It is a technical issue and so not relevant to the granting of a freeholders permission.

As freeholders, the councils rights in relation to granting permission are limited. They are not there to enforce any regulations (although another part of the council does that), but can only consider your request in the context of its effect on the rest of the block or impact on the freeholders future maintenance.

Check your lease, it should say how the council will deal with requests. They should fully explain the reasons for conditions or refusals

 

[Tricky9]

Thank you for the replies, very helpful indeed.

Before I did any of the work, I spoke to the planning department of the council who told me the work was minor, hence didn't require planning permission.

They inspected the work after completion and I have the Completion Certificate from the planning department saying the work complies with building regulations.

The freeholder department of the council insisted on sending out their own surveyor to inspect the work who has stated that we need to move the consumer unit (which has been untouched in all of this) to a very specific height to comply with Part M. It all seems a bit fishy to me and seems to contradict the approvals the planning department.

Any advice on how to proceed? The trouble is we are in the middle of selling the property and this is holding us up.

Thanks again for the help

 

[jeds]

The council have got it wrong. Part M does not apply to minor alterations to an existing property. Just tell them that you do not require nor need their approval of the technical details.

 

[Tricky9]

Ah ok, thank you again for the help. I'll get hold of the surveyor and see what he says. It's all very odd to be honest.

i just spoke to another surveyor at the council who said there would be no reason to move the consumer unit. Luck of the draw I guess!

Thanks again.