Building Control - Inspection Concerns with old extension

[rossbardon]

Hi,

I am going through the correct channels to have an internal load bearing wall removed. I had the structural engineer visit to measure up for the calculations, during his visited he explained that the wall won’t be a problem, but when building control visit to inspect and sign off the wall, they might pull me up about some of my existing issues with my conservatory / extension. “Conservatory / extension?” I hear you ask, well yes. The previous owners of this property had “an extension” (planning granted) put up in the mid 70’s which extends the size of the dinning room. The extension is not nor never was separated by external doors; it is part of the house. In reality even though on the local plans the permission was granted as an extension it is essentially a glorified conservatory with limited compliance with modern thermal requirements for an internal room. My worry is I may open a can of worms having building control around. It doesn’t quiet seem fair to me that I can invite building control into my house to inspect my work but while there they would pull me up on all other non compliant parts of the property which are dated back from a time when building regs were near non existent and work I did not do! The house was build in 1930 for so there are probably hundreds of now non compliant parts to the property, like there would be with any house not build in the last 10 years!

So really I am now at a loss as to what to do. I do not want non compliant records put onto my property records, neither do I want to created thousands of pounds of extra work for me to put right in the short term (in the long term I can and will address these issues). Any advice would be appreciated. Am I worrying to much, will buildings control simply offer me advice rather then mark up non compliant features?

A brief summary of the constructions and known problems:

1) The concrete floor in this extension / conservatory is 4 inches deep, underneath that is a damp membrane, and ventilation, all of this is ok, however there appears to be no floor insulation?

2) Wall 1 – A joints to a double cavity brick wall, no problems here but a radiator is fixed here too. I apparently need to have this removed or easily isolated. Will TVR’s on rads be ok?

3) Wall 2 - Single skin on one side with large window and door, and a PVC facing the inside of the house.

4) Wall 3 – Some form of composite material prefab wall, no bricks

5) Flat roof, currently consists of felt, boards, timber joists, insulation and cardboard ceiling tiles (probably to reduce weight on the roof?)

 

[mikric]

If it dates from the 70s its way past being an issue they can do anything about. Dont worry about it Put it in perspective, they cannot ride around insisting folks with single glazing or no loft insulation update and comply with current regs.

 

[elviobarros]

Building Control can only advise not enforce.

Under section 171B (1) of the Town and Country Planning Act 1990 “where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under the land, no enforcement action may be taken after the end of the period of four years, beginning with the date on which the operations were substantially completed”.

 

[jeds]

Building Control can only advise not enforce.

Under section 171B (1) of the Town and Country Planning Act 1990 “where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under the land, no enforcement action may be taken after the end of the period of four years, beginning with the date on which the operations were substantially completed”.

That's the Town and Country Planning Act. The question is about building control. Different departments.

 

[elviobarros]

either way they cannot enforce any changes be made. The law is that the local authority are statute-barred from taking enforcement action after 4 or 5 years in respect of building regualtion approval as 10 years in respect of planning.

 

[geraldthehamster]

either way they cannot enforce any changes be made. The law is that the local authority are statute-barred from taking enforcement action after 4 or 5 years in respect of building regualtion approval as 10 years in respect of planning.

No it isn't.

Cheers
Richard

 

[rossbardon]

hmmm I am getting mixed messages here. I should also probably add by knocking this wall down, I am opening the extention to the same room. Does this make any difference?

So to describe it in full, the kitchen (original) is a galley kitchen which sits parallel to the dinning room (original). At the rear of the dinning room is the existing extension (on the back of the house built in 70's). We are knocking the wall down between the galley kitchen and the orignal dinning room. So we will have all 3 parts open to each other, the kitchen, dinning room and extension. Where as at the moment only the dinning room and extension are open to each other, with the kitchen a totally separate small room.

 

[jeds]

There's nothing BC can do about a non compliant 20 or 30 year old extension. Anyway, who says it's non compliant? If you regularised it the regulations would be applied from the time the extension was completed - which probably wouldn't be too far from what you have there. elviobarros is right that there's nothing BC can do because it is time barred, s/he just has the wrong reason.

The only issue now is that you are knocking through more wall and because of that you might be required to do some upgrading at the same time. But that would be your choice. They can't force you to do it.

 

[geraldthehamster]

There's nothing BC can do about a non compliant 20 or 30 year old extension. Anyway, who says it's non compliant? If you regularised it the regulations would be applied from the time the extension was completed - which probably wouldn't be too far from what you have there. elviobarros is right that there's nothing BC can do because it is time barred, s/he just has the wrong reason.

The only issue now is that you are knocking through more wall and because of that you might be required to do some upgrading at the same time. But that would be your choice. They can't force you to do it.

Given the description of the intended works, I wonder if BC might consider that the whole open area was a new room and should be subject to Part L ...?

http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

Cheers
Richard

 

[rossbardon]

There's nothing BC can do about a non compliant 20 or 30 year old extension. Anyway, who says it's non compliant? If you regularised it the regulations would be applied from the time the extension was completed - which probably wouldn't be too far from what you have there. elviobarros is right that there's nothing BC can do because it is time barred, s/he just has the wrong reason.

The only issue now is that you are knocking through more wall and because of that you might be required to do some upgrading at the same time. But that would be your choice. They can't force you to do it.

Given the description of the intended works, I wonder if BC might consider that the whole open area was a new room and should be subject to Part L ...?

http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

Cheers
Richard

Yes this is what I need to find out. The opinion I was given by the architect was that even if they sign the wall off, I might have to put in an "Applications for Regularisation" for the extension because it is now part of the same room.

 

[mikric]

Given the description of the intended works, I wonder if BC might consider that the whole open area was a new room and should be subject to Part L ...?

http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

what part of L1B are you thinking of ??

 

[freddiemercurystwin]

OP, mikrics original advice still applies, ignore everything else in the thread.

If it dates from the 70s its way past being an issue they can do anything about. Dont worry about it Put it in perspective, they cannot ride around insisting folks with single glazing or no loft insulation update and comply with current regs.

 

[geraldthehamster]

Given the description of the intended works, I wonder if BC might consider that the whole open area was a new room and should be subject to Part L ...?

http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf

what part of L1B are you thinking of ??

I should imagine the OP's architect has in mind 4.5-4.9 in particular, presumably on the basis that he is knocking another room into the previously extended room, and creating a new space.

Otherwise I can't see why the existing extension would need to be regularised.

Cheers
Richard

 

[sigman]

I am a BCO working for an Approved Inspector (Private Building Control body).

If the works date back to more than 2 years ago the works cannot be enforced in court. However, your building control officer may request minor changes if something is particularly non-compliant (a big risk or a big contravention from the regs).
If within the last 2 years then it might come up, however you will be surprised how accommodating BCO are, its a misjudged conception that they come down on you all guns blazing, he will merely suggest improvements for you to carry out in order to put things right, given that you didnt do the works yourself he will probably suggest minor alterations if things are that bad, then again he may not even mention it (i expect this will be the case unless it's majorly non-compliant).