Building Control and Lawful Development Certificate advise..

[themugger]

Hi There, im in need of some advise before i start with my extension.

On Thursday morning i submitted my Building control Notice forms along with my plans and the fee to my local council. I havent heard anything back from them yet but wanted to start digging the footings saturday.... am i in the right to do this or should i wait to hear back from BC.

My other concern after reading these forums was that i havent got PP approved as i believe that my build 100% falls into permitted developement. I havent applied for a Lawful Development Certificate yet either but im thinking that i should now again after reading these forums for a little while ....

So my questions are really, can i start digging the footings before i have heard back from building control? and can i also start work before submitting my Lawful Development Certificate request...?

the reason i wanted to start so soon is i have a bricky at a very good rate that is booked in for the 16th of october so i need to get the footings dug and filled before then.....

Thanks in advance

 

[ajstoneservices]

With PP in place you could have served a building noticed and started soon after. Now, you'd be mad to start without PP and BR approval at the very least you will likely make enemies you don't need

 

[freddiemercurystwin]

With PP in place you could have served a building noticed and started soon after. Now, you'd be mad to start without PP and BR approval at the very least you will likely make enemies you don't need

Eh?

If you're 100% sure then you should be fine. No need for a Certificate if you're comfortable without one, it really depends if you're sure or not. You can commence the build now, proceed at full sped if you like provided you have a good idea of the regs. Otherwise building on a Notice can be problematic to say the least.

 

[ajstoneservices]

With PP in place you could have served a building noticed and started soon after. Now, you'd be mad to start without PP and BR approval at the very least you will likely make enemies you don't need

Eh?

If you're 100% sure then you should be fine. No need for a Certificate if you're comfortable without one, it really depends if you're sure or not. You can commence the build now, proceed at full sped if you like provided you have a good idea of the regs. Otherwise building on a Notice can be problematic to say the least.

Eh? He's applied for PP and BR approval, neither yet approved.  But you're saying he can start immediately, expect no problems with either planning or Building control, really? 100% sure. Death and taxes maybe, PP and BR approval

 

[themugger]

I havent applied for PP at all and dont plan to as i believe that my build is under Permitted developement.

can i start the build and then apply for Lawful Development Certificate? if i understand this will take 5 weeks ish which again i really dont want to wait for.


is the point of this just to prove that the work being done is under PD rights? when i plan to sell in 5-10 years will the solicitor want to see this certificate?

thanks for the fast responces... appreciate the help

 

[freddiemercurystwin]

I havent applied for PP at all and dont plan to as i believe that my build is under Permitted developement.

There is no obligation whatsover to apply for a Cert of Law Dev if the homeowner does not wish to.

Eh? He's applied for PP and BR approval, neither yet approved. But you're saying he can start immediately, expect no problems with either planning or Building control, really? 100% sure. Death and taxes maybe, PP and BR approval

No he's submitted a Notice and believe he does not need PP. The risks in undertaking a building project on a Notice have already been mentioned.

can i start the build and then apply for Lawful Development Certificate? if i understand this will take 5 weeks ish which again i really dont want to wait for.

Yes but (round my way) it takes 8 weeks from the date they register it so you'd better make sure you've not finished it otherwise you need to fill the form in differently stating that its already built.

is the point of this just to prove that the work being done is under PD rights? when i plan to sell in 5-10 years will the solicitor want to see this certificate?

Yes pretty much however do not underestimate the problems that (can) occur should you not have proof already. Even years afterwards nervous potential buyers can be put off without proof and drop out of a sale.

 

[themugger]

can i start the build and then apply for Lawful Development Certificate? if i understand this will take 5 weeks ish which again i really dont want to wait for.
Yes but (round my way) it takes 8 weeks from the date they register it so you'd better make sure you've not finished it otherwise you need to fill the form in differently stating that its already built.

Well my build should take at least 8 weeks so that will not be a problem. on the application i can say work has not yet started - which it hasnt. But i will be starting shortly after submitting the form, i assume again this is okay...

is the point of this just to prove that the work being done is under PD rights? when i plan to sell in 5-10 years will the solicitor want to see this certificate?
Yes pretty much however do not underestimate the problems that (can) occur should you not have proof already. Even years afterwards nervous potential buyers can be put off without proof and drop out of a sale.

This is the problem i want to avoid, and i was hoping to avioid this by getting a certificate..... ARGH the joys of a simple extension i was thinking lol

Can i just take a few steps back and ask about the Building controller again, if i submitted the forms etc, what is the next step? do they contact me and say yeah go ahead... or do i just go ahead anyway? after thinking about it a little bit more, i can wait to monday tuesday if need be to wait for the BC to give me the green light and make sure then dig he the foundations soon after.

Thanks again

 

[freddiemercurystwin]

Re your planning query you're in a grey area, I think they would assume that when and during the approval period work had not commenced but as I say that's a grey area (to me) Maybe a chat with the duty officer is in order for you?

Re building on a Notice have a read here http://www.planningportal.gov.uk/england/public/buildingregs/getapproval/bregsonsiteapprvl/ you'll need to get them out to inspect the trenches first of all. Just give them a ring and they'll pop out the next day or thereabouts. There'll be more on your own LA website too probably. This next bit cannot be emphasised more, pick up the phone on Monday at half 8 morning and get a dialogue going between yourself and the actual Inspector who'll be overseeing your project. Chances are he'll be a helpful chap and will be be a mine of useful information if you need it. Start off on the wrong foot and happen to get a snotty Inspector and you could end up with a nightmare.

The Forum is littered with posters having to get retrospective Planning or Building Regs Approval years after the works were completed and long forgotten now that they've decided to sell up.

 

[DevilDamo]

If you apply for a LDC prior to the works commencing, the fee is 50% of the normal planning fee. If you apply for a LDC during or after the works, the fee is 100% of the normal planning fee. If you sort it out before the works commence, it gives you a little piece of mind that it has all been dealt with as opposed to applying later and running the possibility of the LPA finding out about other works that you may have undertaken. If it was me, I'd get it sorted now or at least have the certificate submitted. Worst case is a neighbour could report you for works without planning approval, which would involve a vist from the LPA and them deem whether the works required planning permission, which could cause problems if they were to find they did. It's not just a case of making sure the works are within certain dimensions... there's also a lot of other factors governing your PP rights (e.g. conservation area, PD rights removed, etc...).

As for the Building Reg's. You can start works (at your own risk) once you submit the application and fee. Regardless if you submitted a Building Notice or Full Plans application, you can still start works. Just make sure you call the BCO out at each stage to prevent them inspecting too late and thus ask you to start exposing different stages (e.g. foundation excavation, foundation concrete, etc...). When you submit a BR application, you usually hear back from them quite quickly letting you know...

a) Your BN application has been accepted; or
b) Your FP application has been received and will be checked, etc...

Bear in mind, some of the building regulations changed on 1st October (i.e. yesterday), in particular Part L so make sure you're aware of the additional u-value/thermal implications of your new elements (e.g. floor, wall, roof, windows, etc...).

 

[Lowfellboy]

Hi Mugger,

Also bare in mind that a LDC requires a lot of boxes to be ticked correctly and rules to be followed. If they do not all tally with the LDC rules, it will be rejected and a full PP will be required. This will add weeks to the planning phase.
We have had a lot of this in our area where an LDC has been rejected and an additional planning application required. The more cynical of us would say it was a money making excersise.

 

[DevilDamo]

Even with a LDC, you can seek pre-application advice so you could address the majority of factors prior to submission. I wouldn't advise clients to go down the LDC route if I thought a formal planning application would be required.

 

[DaveAS]

yf

 

[DaveAS]

how big is your extension? . I was under the impression that if its under 30m2 then you dont need building regs??

 

[freddiemercurystwin]

how big is your extension? . I was under the impression that if its under 30m2 then you dont need building regs??

No that’s freestanding outbuildings/garages.