Anyone know when building works are considered to have "started"?

[Mottie]

It may no longer be payable, too; a new scheme from a particular kind of applicant, or under a revised policy, may be exempt from CIL..

Yes, if I or a member of my family were going to live in the property, it would be exempt from the CIL. I believe I would also get any VAT back on the build too if I were going to live there.

 

[Nakajo]

In theory, you could dig a trench and it could be argued that you'd started. Talk to the building inspector and see what he'd want.

I got a 8m x 8m garage up to the slab and was signed off as making an acceptable substantive start. That was 9 years ago now.

I doubt that the Building Inspector even knows where the Planning Department is. Her opinion is irrelevant.

 

[JP_]

Sure I was once told of a trick by people buying new builds, of sticking a spade in the ground to start digging a foundation as soon as they moved in, so they can claim it is still part of the building work. Or something like that. Was a long time ago and probably nonsense!

My brother recently had foundations done as he was approaching the deadline to start building. You wouldn't want to leave a trench, but then, you would want to make sure drainage etc is all in place and running the right way before pouring concrete too.

 

[jeds]

Just in case anybody actually takes any notice - for future reference; This subject came up today with a client and contractor. As I was explaining it, I realised that I hadn't mentioned planning conditions, which are very important to this. You can only rely on a technical commencement if all planning conditions are satisfied within the period of the planning approval. In other words, if the approval states that work must commence within three years, and there is a planning condition to submit details for written approval, those details must be submitted and approved in writing before the three years expires.

 

[davidmiller]

Just in case anybody actually takes any notice - for future reference; This subject came up today with a client and contractor. As I was explaining it, I realised that I hadn't mentioned planning conditions, which are very important to this. You can only rely on a technical commencement if all planning conditions are satisfied within the period of the planning approval. In other words, if the approval states that work must commence within three years, and there is a planning condition to submit details for written approval, those details must be submitted and approved in writing before the three years expires.

Is that condition about the submitting of details for written approval a rarity?

 

[johnny2007]

Just in case anybody actually takes any notice - for future reference; This subject came up today with a client and contractor. As I was explaining it, I realised that I hadn't mentioned planning conditions, which are very important to this. You can only rely on a technical commencement if all planning conditions are satisfied within the period of the planning approval. In other words, if the approval states that work must commence within three years, and there is a planning condition to submit details for written approval, those details must be submitted and approved in writing before the three years expires.

A communication stating that conditions will be met is enough.
Unless plans need to be updated.
Example: amount of insulation. (Some councils are obsessed with massive amount of insulation only to make you core a big hole in the wall for ventilation once everything is done

 

[mrrusty]

only to make you core a big hole in the wall for ventilation once everything is done

You mean like making windows super-draughtproof with seals everywhere and then installing trickle vents?

 

[jeds]

Is that condition about the submitting of details for written approval a rarity?

No, not rare at all. I'd say more than half approvals carry conditions to be discharged in writing.

Approval of materials is very common. Landscaping details is fairly common for new dwellings.

 

[johnny2007]

You mean like making windows super-draughtproof with seals everywhere and then installing trickle vents?

No, the last 3 extensions I built, were superinsulated to the point of stupidity and then council BC insisted on having 125mm cored vents for ventilation.
You can imagine the advice I gave to the customer once BC passed this nonsense...

 

[jeds]

A communication stating that conditions will be met is enough.

This won't discharge a condition that requires approval in writing. Only approval in writing will do that.

 

[johnny2007]

This won't discharge a condition that requires approval in writing. Only approval in writing will do that.

Sorry, I again forgot about the 3 neurons requiring that the obvious must be stated.
Certainly you're not gonna have a chit chat with a customer service agent about something like this.
An email will suffice.
And just to be clear, usually, all emails to local authorities receive an immediate acknowledgement, so to avoid the nonsense about "we never received your email.
Hopefully this is clear.

 

[jeds]

Sorry, I again forgot about the 3 neurons requiring that the obvious must be stated.
Certainly you're not gonna have a chit chat with a customer service agent about something like this.
An email will suffice.
And just to be clear, usually, all emails to local authorities receive an immediate acknowledgement, so to avoid the nonsense about "we never received your email.
Hopefully this is clear.

So people are not confused by this, in order to fix commencement on site by, say, digging a foundation or laying a pipe, for this to be safe, all conditions must be met or discharged. Where conditions require discharge in writing, this means the LPA writing to you specifically discharging said condition. Otherwise the approval will lapse and a re-submission will be required.

 

[davidmiller]

No, not rare at all. I'd say more than half approvals carry conditions to be discharged in writing.

Approval of materials is very common. Landscaping details is fairly common for new dwellings.

I agree. But isn't it likely that most of the conditions will concerned with work that comes later in the build?

 

[mrrusty]

This case adds something to the debate

https://docs.planning.org.uk/20220727/97/RF2KO1QSI6V00/5udnmc48krgo0g5o.pdf

https://publicaccess.northumberland.gov.uk/online-applications/files/6A7991C9CAB3EF0DF658EB54C9464445/pdf/22_02542_CLEXIS--2220431.pdf

 

[robinbanks]

You mean like making windows super-draughtproof with seals everywhere and then installing trickle vents?

Thankfully, the more progressive building inspectors know what an MVHR is