Window/Build/Fire Regs

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Hi all, this is my first post. I'm confused - I'm converting a large (ish) bedroom in a Victorian terraced house into a bathroom and bedroom by building a partition wall down the centre. The new wall disects the current window, which is an old louvred top thing! We've had two windows put into this space with a 7" centre section for the partition wall to fix to. The council have now told me that the new window in the bedroom side doesn't meet the regs because its only 390mm wide. The window manufacturer says this doesn't apply because its not a new build and is a replacement.

There seems to be a grey area here. This is not a direct replacement window because it's different, but it's not a new build although it is a new size to the original. Can anyone help . . . .please.
 
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Theres a rule in Part F about habitable rooms requiring 1/20th floor area in openable window for ventilation. How big is the room and the window height?
 
It's Part B that should concern you:

Emergency egress windows and
external doors
2.11 Any window provided for emergency egress
purposes and any external door provided for
escape should comply with the following conditions.
a. The window should have an unobstructed
openable area that is at least 0.33m2 and at
least 450mm high and 450mm wide (the route
through the window may be at an angle rather
than straight through).The bottom of the
openable area should be not more than
1100mm above the floor.

And the 450 mm width requirement may apply to your situation. I suspect you may have to take the advice (or instructions) from your local authority Building Control Officer. :(
 
Thanks for your replys. Unfortunately the 'grey' area seems to be whether my situation is a 'new build' or replacement. Apparently the regulations only apply to new builds, - replacement windows only have to be 'better' than the ones that they're replacing.

Our local building control people didn't pick up on this window from my rough plans, stupidly I thought it would be a good idea to bring it up myself, the guy i was speaking with then suddenly spouted the regulations but I'm not sure he's right. My main concern is that there just isn't room to make the window any wider. I guess though, as you've indicated, I'm just gonna have to do what they want.
 
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No the regulations apply to any building works.

B1.i These provisions relate to building work
and material changes of use which are subject
to the functional requirement B1, and they may
therefore affect new or existing buildings. They
are concerned with the measures necessary to
ensure reasonable facilities for means of escape in
case of fire. They are only concerned with structural
fire precautions where these are necessary to
safeguard escape routes.
-----------------------------------------------------------
Means of warning and escape
B1. The building shall be designed and constructed so that
there are appropriate provisions for the early warning of fire,
and appropriate means of escape in case of fire from the
building to a place of safety outside the building capable of
being safely and effectively used at all material times.
 
If you are changing the bedroom layout which i think you are ,YES you will have to comply with reg,s which says you need a wide enough opening to escape if in an emergency,.
I belive it is MIN 600mm but i would check with FENSA yourself.
Explain your project to them and ask about your leagal ground
as building control will depend on who you get on the visits.
Building regs change that often its sometimes hard to keep up.

If you own a listed building that changes things also but this is legal turf so i would make time out to get it rite,as you dont want to undo things at a later date.
Best of luck
KJH
 

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