Running out of time to commence building

Hello everyone,

I am writing ask for advice on starting an extension. Original application for extension was approved in May 2015 and is running for 3 years. Years passed with subsequent further applications which were refused. Finally a few weeks ago we applied for a minor amendment to the original 2015 application and that was granted.

I was told anecdotally that construction is deemed to have started once the foundations are laid down to the dampproof course. If the foundations and DPC are completed before the planning application expiry then we will not miss the deadline. But if we miss the deadline then we will have to re-apply from scratch.

As a result we do not have the time to apply for buildings regs as it's a few weeks before expiry. We have to start digging the foundations now. The inspector will have to be called out twice, once to inspect the trench and once more to inspect the foundations. And once he approves the foundations, then the council considers that the building has commenced and our planning application will not lapse.

Do you agree with the above plan? Have I described the process correctly or am I missing anything?

Many thanks

Just do it on a Notice.

or you could go to BBS building control, they cover Sussex area.

http://bbsgroup.co.uk/forms/initialnotice.html

Submit the application online, you can start construction in 7 working days (BBS have to contact the LA and ask if they will allow them to do the inspections -although its most unlikely.

Also there is no clear ruling that determines when construction has started as such, although a LA may use its own interpretation.

I have just called Building Control at the council and they have informed me that as long as I dig the trench, no need for concrete or DPC, they will consider that the operations have started. They said we need to call them over to come and inspect and they arrive on the same day. What is not clear to me is how do I then communicate to the Planning department that operations have started and do I then receive a certificate, or a further permit - they did not explain that at all. I have written an email to the Planning dpt asking that question.

Once you start the Planning department don't bother, it passes over to the Building Control

The BCO's visit will be a matter of record.

Send an email to BC summarising your telephone conversation, and when (and, if known, with whom) it took place.

First be aware that planning and building control start dates are not related.

You don’t need to inform planning about starting. The requirement is to commence the works, and this enacts the planning permission. There are several ways to commence the work, but the idea is that a significant commencement to the work is made and this then enough to indicate that there is intention to build whatever has been applied for.

A significant start could be digging trenches and laying foundations – just the concrete and not up to DPC, but what would be “significant” depends on the works. Demolishing part of a building, forming an access, putting in steel beams or just laying drains or altering existing drains could be significant enough.

Also check any other planning conditions are complied with if necessary – things like agreeing materials/providing samples before starting.

You can put in a Building Notice and start work 48 hours later in terms of building regulations. You don’t need building control to confirm a start date for planning either.

In practical terms you would organise your builders (or your digger) for a particular day, put your building notice in and then book the inspection for when the trenches will be ready. Then concrete them as you would not want to leave them open. If you are DIYing then that’s it, the work has started and you can then proceed at your leisure.

If you have no plans to work to, then you need to be sure that the trench is sufficient in terms of width and depth – typically 600w x 1000d and allowing for minimum 375mm of wall up to DPC. If you have public drains, then you will need a “build over agreement” in place with the water company first. The council may not accept the Notice until such an agreement is in place. Trees and ground conditions may also affect the foundation design.

Be aware that building on a Notice is risky if you or your builder do not know what you are doing. Ultimately you are responsible for complying, so if the builder does something that needs to be changed, then you need to be sure who is paying to rectify it.