1. Visiting from the US? Why not try DIYnot.US instead? Click here to continue to DIYnot.US.
    Dismiss Notice

Breaching Building Regs/Planning

Discussion in 'Building Regulations and Planning Permission' started by wobbly2, 5 Jun 2020.

  1. DevilDamo

    DevilDamo

    Joined:
    14 Jan 2010
    Messages:
    1,744
    Thanks Received:
    286
    Country:
    United Kingdom
    If the works are deemed as complete, i.e. Building Control sign off then according to Planning, that would be seen as a job finished. If the roof has changed from what was approved then yes, the LPA could look at taking action.

    If the existing house is part rendered then yes, that would be fine because it could be done later and the proposed external materials would match existing. The OP has only mentioned the existing house has red brick and we don’t know what the rest of the house is. If the existing house is not rendered, then the rendering of the extension (no matter when it’s done) is not complying with the condition... as there is no render to ‘match’.
     
  2. Sponsored Links
  3. wobbly2

    wobbly2

    Joined:
    1 Jun 2015
    Messages:
    97
    Thanks Received:
    0
    Location:
    Berkshire
    Country:
    United Kingdom
    The house with the extension is red brick on the ground floor with render/pebble dash to the first floor and so is the neighbour's property along with all the other houses built in the street at the same time (mid 1930's). Given the animosity between the two property owners I doubt rendering the outer leaf of the side elevation is intended, especially as access is unlikely to be given.

    At present the side elevation has only been built to just below the fence level so the neighbour can't see it unless he/she peers over; it will be interesting to see if the concrete blocks are topped with red brick above the fence height to hide what is below.

    I worked in the building for many tears and have seen brickies lay overhand and point the same many times. Yes, it's more difficult and costly and often done with much moaning but that is hardly a good reason for ignoring the planning consent requirements especially when their is already a dispute in progress.
     
  4. wobbly2

    wobbly2

    Joined:
    1 Jun 2015
    Messages:
    97
    Thanks Received:
    0
    Location:
    Berkshire
    Country:
    United Kingdom
    Out of curiosity would laying 24 courses of bricks frog down and 8 rows of non-lightweight concrete blocks in a day be excessive? One 100 x 440(?) column (cut 1/3 + 2/3) of single lightweight blocks had to be rebuilt this morning, I think the wind got to it.
     
    Last edited: 6 Jun 2020
  5. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    29,614
    Thanks Received:
    3,841
    Location:
    West Mids
    Country:
    United Kingdom
    Where is your source of reference for that?

    Not all works under planning permission require building regulation consent, so it can't be a fact or a measure of completion. Did you make it up?

    And what if it's never completed under building control either ... which is also perfectly lawful not to get it signed off. :rolleyes:

    Time, or even completion in this context is not a factor unless that too is conditioned.
     
  6. DevilDamo

    DevilDamo

    Joined:
    14 Jan 2010
    Messages:
    1,744
    Thanks Received:
    286
    Country:
    United Kingdom
    The Planning condition states to match existing, so if any part of the existing house is rendered then the new extension can also be rendered as it matches. The conditions aren’t worded or enforced as such to say all single storey elements should match the existing single storey elements of the house. In other situations where a house could have brick on the ground floor, render on the first floor and a tile hung dormer then that gives the homeowner to finish the extension with a variety of finishes.

    As there are not time limits for completing extensions, then the render could be done at any time the homeowner wants.
     
  7. DevilDamo

    DevilDamo

    Joined:
    14 Jan 2010
    Messages:
    1,744
    Thanks Received:
    286
    Country:
    United Kingdom
    Used in particular when combining PD and PP. PD works would have to be substantially complete, which to the LPA is usually Building Control sign off prior to an application for PP being submitted or PP works commencing.
     
  8. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    29,614
    Thanks Received:
    3,841
    Location:
    West Mids
    Country:
    United Kingdom
    You're struggling.

    Where is it stated within the T&CPA that there are time limits for the completion of work and the criteria for when work can be deemed completed?
     
  9. DevilDamo

    DevilDamo

    Joined:
    14 Jan 2010
    Messages:
    1,744
    Thanks Received:
    286
    Country:
    United Kingdom
    Planning Enforcement comes with time limits. Anything else you want to try and pick holes and request examples of?
     
  10. Sponsored Links
  11. charliegolf

    charliegolf

    Joined:
    7 Jan 2014
    Messages:
    1,041
    Thanks Received:
    72
    Location:
    West Glamorgan
    Country:
    United Kingdom
    How can using blocks 'to be rendered after enforcement timescales have closed' ever be construed as meeting the demands of the permission?
     
  12. John D v2.0

    John D v2.0

    Joined:
    26 Aug 2016
    Messages:
    6,315
    Thanks Received:
    876
    Country:
    United Kingdom
    Well, if you are that is not substantially completed, then the enforcement timescale won't have started, so that would shoot you in the foot.
    But i think completion is a question lawyers could happily spend lots arguing about, it's not a defined term. Look at the guy who built a castle in the haystack, he didn't look so smart when he had to demolish it, although he got a good few years of use.
     
  13. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    29,614
    Thanks Received:
    3,841
    Location:
    West Mids
    Country:
    United Kingdom
    Yes I'd like you to stick to the one issue, not bring in other irrelevant things to back up your incorrect statements, and cloud your assertions.

    i.e. there are no time limits to finish the work unless expressly conditioned. Therefore, no enforcement action can be taken against an unrendered (unfinished) wall.
     
  14. charliegolf

    charliegolf

    Joined:
    7 Jan 2014
    Messages:
    1,041
    Thanks Received:
    72
    Location:
    West Glamorgan
    Country:
    United Kingdom
    Isn't the most relevant fact here that, the extension is conditional on being done in red brick? Are you suggesting that a blockwork wall ' that will be faced in brick before completion', is a way of subverting the condition?
     
  15. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    29,614
    Thanks Received:
    3,841
    Location:
    West Mids
    Country:
    United Kingdom
    The house is part rendered. One oddity of the planning rule, is that there is no requirement to match any particular part of the existing building.

    So yes the block wall could be faced with brick slips, but another possibility is that the wall is to be rendered at some future unspecified date, and that may or may not include the brick walls too.

    Either way, if the wall is clearly unfinished block work, that means the job is not finished.
     
  16. mrrusty

    mrrusty

    Joined:
    1 May 2018
    Messages:
    264
    Thanks Received:
    62
    Country:
    United Kingdom
    I agree that rendering is the sensible option and IMHO I agree would never be a planning breach. The neighbour should allow access to get it nicely finished and painted. If they refuse to cooperate they can hardly complain if the wall stays unfinished, which it could do for a long time (notwithstanding bare block is not really a suitable exterior finish performance-wise).
     
Loading...

Share This Page