When does a conversion become a new build? Building Regs.

[acnescar]

Longtime lurker here with my first post.

We are converting and extending a garage to form a dwelling, we are only retaining the footings and ground floor slab of the garage.

My interpretation of the building regulations is that:
5. For the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for the purposes of these
Regulations, there is a material change of use where there is a change in the purposes for which or
the circumstances in which a building is used, so that after that change—
(a) the building is used as a dwelling, where previously it was not;

I know of no legislation or regulations that specify how much of the original building/structure must be retained.

Building control have advised that they are treating it as a new build because I have reduced the original structure to slab level and as such I have to comply with new build regulations and all that that entails.

Are they correct? Is there some legislation that I am unaware of?

What makes this all the more frustrating is that I checked verbally over the phone how they would treat the application ie new build or material change of use before I did the design to be told by them it was material change of use.

It took them 8 weeks after I deposited the plans to advise me and we had already started on site and are up the slab level.

I have written and complained stating my case but they are unmoved so now I've had to close site while I sort the SAP calculations and see if I can make it work as a new build (I have a lot of glass in the design) within my budget.

I'd appreciate some views if anyone out there understands how to interpret the building regs correctly.

Thanks

 

[jeds]

There’s no prescribed amount of building that has to be retained – it’s a judgement. But of you level a building it’s stretching it to then try and call it a conversion. It is a new building. I can’t see any BC thinking otherwise.

 

[freddiemercurystwin]

I agree, you are not converting it, you are building new.

 

[cjard]

This post more deals with the planning aspect:
http://planninglawblog.blogspot.co.uk/2011/07/more-development-in-wonderland.html

but you may find it relevant to your situation.. i.e. be careful that you don't have someone come along and challenge the permission youre relying on to authorise you to "convert" your garage by destroying it and rebuilding it to a different shape and purpose..

 

[acnescar]

I have spoken with the planning officer and he has no concerns over what we are doing.

I think I am more frustrated that the goal posts have been moved on me and how long it has taken building control to advise me.

I have yet to receive any formal notification of their stance despite the plans being approved subject to receipt of a SAP calculation.

The approved plans state that they have been prepared under material change of use but the BC officer is verbally requesting SAP under the new new build regs.

 

[cjard]

At least with BC, you have the luxury of choosing your own

I'm not certain there's much recourse if you've started using BC and they've recorded the project as commenced - think you mght be stuck with them. What's your appetite for risk? None -> do the SAP, and wait. Harass them every day if needs be. High -> get on with stuff in parallel.

 

[acnescar]

cant change BC now!

Just got to see what changes I will have to make to get the SAP to pass.

 

[freddiemercurystwin]

This post more deals with the planning aspect:
http://planninglawblog.blogspot.co.uk/2011/07/more-development-in-wonderland.html

but you may find it relevant to your situation.. i.e. be careful that you don't have someone come along and challenge the permission youre relying on to authorise you to "convert" your garage by destroying it and rebuilding it to a different shape and purpose..

The OP's situation has nothing to do with planning. I don't really follow the order of events, who did the plans, who submitted them, how long did the approval take, when the conditional approval was issued that then requested SAPs? Or not? etc

If your plans were done by and submitted by your agent I would have expected them to have discussed this with BC before they were ever submitted.

 

[acnescar]

I did the plans

I discussed it with BC before I prepared the plans, I actually asked them the specific question.

A different BC officer was assigned the job who takes a different stance.

 

[freddiemercurystwin]

As I understand it then the inspecting officer is not allowed to ask for SAP's if they weren't requested in the plan approval. Speak with the Head of BC.

 

[acnescar]

SAP calc is one of the conditions (or actually compliance with part L)

 

[freddiemercurystwin]

Oh a condition of the approval? Fair play then you gotta do it then. Unfortunately you have to wait for that approval before you start work or you take the risk of having missed something, especially important when self building. So did your LA take 8 weeks for the plan approval then?

 

[acnescar]

5 weeks before they looked at the drawings - which was 1 week after planning would of expired had I not made a material start on site.

looking through my diary a further 5 weeks to pass the plans and respond verbally to a letter explaining that the MCOU was on their advice.

 

[tony1851]

SAP calc is one of the conditions (or actually compliance with part L)

Then get an SAP calc done.

 

[cjard]

I recall reading somewhere that the time limits in planning applications are rather difficult to enforce and as such not widely pursued as breaches of planning. I can't now find the source or its subsequent justification - anyone else come across such? (i.e. I'd be tempted to advise you to ignore the planning expiry issue, get the SAP calcs done even if it sends you over time and get on with the job)