Loft conversion now issued with unauthorised work file

[sycamores]

We have a loft conversion not to building regs we upgraded it nearly 5 years ago as there was a space there but not being used and in poor condition, following a re-roofing we had a visit from the council who saw the loft conversion and issued us with an unauthorised work file, we are trying to sort this out but are unsure if they had the right to issue us with the file after this time laps. They want to put new stairs in,smoke alarms and fire doors we are sailing close to the wind on costs as if it is worth doing because of the value of the property, we would like to sell at some stage but can't with this file issued or they want us to rip it all out !! already spent £9500 on the work 5 years ago. Any advise would be a great help

 

[Alarm]

Posting in the relevant section would be an asset.


I`ll ask for it to be moved.

 

[^woody^]

There is a very short period (six months) for the council to take action under the building act for unauthorised works.

But they have additional powers to deal with life safety concerns and there is no time limit

So, it depends exactly on what work has been done and whether it is deemed so serious as to put the occupants and the building in immediate danger

If not, then you can decline their request

Bear in mind that there are thousands of properties with loft conversion done before building regulations even came into existence - without fire alarms, without fire doors or certain stairs, and that does not make them unsafe or actionable

 

[mointainwalker]

But woody, there are dozens of threads on here where it is said ( and accepted ) that although BC cannot force you to do anything after a certain time, they can highlight " unauthorised alterations" which turns up in any search on pending sale and then either kills the sale or requires a price reduction.

For the OP this is likely to be a similar outcome to doing something now, wouldn't you guess?

 

[freddiemercurystwin]

It begs the observation that if £9.5K was spent its a shame they didn't bother with the rudimentary things like escape and fire proofing.

The OP should bear in mind that they cannot sell it legally as having a habitable room in the roof if it is non compliant.

 

[geraldthehamster]

There is a very short period (six months) for the council to take action under the building act for unauthorised works.

I thought Building Control could take enforcement action for up to 12 months after work was completed. Has this changed recently?

Cheers
Richard

 

[^woody^]

Yes sorry

There are two routes the council can take - they have six months to take action against contraventions of the b/regs, (normally taken against the builder, but it can be the homeowner) and 12 months to take enforcement action requiring the owner to alter or remove work which contravenes the b/regs (normally taken against the homeowner)

The second option (12 months) implies that the council neeed to know what the contraventions are and what is needed to be put right.

Either way the time limits are absolute

There is an option to apply to the courts for an injunction to the same effect, and this can be done any time, but there are risks to the council in succeeding, so it is very much a last resort for serious breaches

 

[geraldthehamster]

Yes sorry

There are two routes the council can take - they have six months to take action against contraventions of the b/regs, (normally taken against the builder, but it can be the homeowner) and 12 months to take enforcement action requiring the owner to alter or remove work which contravenes the b/regs (normally taken against the homeowner)

The second option (12 months) implies that the council neeed to know what the contraventions are and what is needed to be put right.

Either way the time limits are absolute

There is an option to apply to the courts for an injunction to the same effect, and this can be done any time, but there are risks to the council in succeeding, so it is very much a last resort for serious breaches

Thanks. Interestingly, I read that the limit for a Section 35 prosecution has increased from 6 months to 2 years, where conservation of fuel and power are concerned:

http://www.communities.gov.uk/documents/planningandbuilding/pdf/725405.pdf

(paras 5-8)

Section 35 allows prosecutions, and Section 36 provides for the serving of a notice; I think that's the distinction. But you said that.

Cheers
Richard