Building control pickle...

[Jdwood38]

Isn't hindsight a great thing?!

I'd be very grateful for anyones thoughts and/or experiences on the situation I fear we may have got ourselves in to.

Background: In September 2016 we purchased a 3 bed 1930s detached house which we have been renovating. We always intended to stay in it for a long time and as such intended also to extend it - we applied for, and successfully got planning permission in December 2017 to extend to a 5 bed including loft conversion. For me, the planning permission was obvious, as (so I thought) were BC and regs for the extension. Never would have I thought that I would need BC involvement for renovating! I have always been a very confident (and I think) capable DIY'er - I used to work in a very niche area of data and alarm installations but never in domestic scenarios or at any time really when I would have to consider things like building regs.

Fast forward to now, and my wife is less than a week away from due date for our first child, we have moved out of the above property to one that we used to let but is in her home town so that she can be near family (she was feeling isolated where we were) and I now need to get the above property in to a state that we can sell it, which is where the worry is starting to set in. We have had some BC involvement when I started to realise how things might be affected - therefore we do have an open regularisation application for the loft conversion which I'll explain further down.

If I may, I'll list where I think BC may apply and what I know of where we are up to:

• Removal of all plaster to exterior walls and boarded/skimmed - Req to upgrade thermal elements - achieved through installation of cavity wall insulation (through certified company).
• Removal and replacement of cavity floor covering - Req to upgrade thermal elements - achieved by 75mm (maximum achievable) Celotex between joists, foam and foil tape, 22mm egger board - seen in progress by BCO who said the job looked very good! But certificate required?
• Replacement of lath+plaster ceilings and replaced with skimmed 12.5mm plaster board - req to upgrade thermal element - 300ish mm of rock wool installed - notifiable work?
• Log burner - installation by HETAS certified company.
• New front door - installation by FENSA certified company (uPVC windows already installed when we purchased)
• Rewire - Installation by Part P registered electrician.
• Relocated and new boiler - installation by registered gas safe plumber
• New bathroom upstairs in split existing bedroom - all pipework installed by same plumber - assumed registered as competent person and NFA required?
• New soil pipe to existing property drain - installed by local drainage company - assumed registered as competent person and NFA required?
• Ventilation - Cooker extractor hood and bathroom over shower extractor - neither require notification as considered minor works under Part F?
• New banisters on existing stair case - Installed by local chippy but gap between spindles is approx 105-110mm at its maximum - notifiable work?
• New partition wall between bedroom and bathroom - filled with rockwool for sound isolation - notifiable work?

The biggest concern is the regularisation certificate for the loft conversion. When we took the ceilings down, we thought it would be a good idea to install the new joists, a steel and a couple of flitch beams associated with the loft conversion whilst everything was open. The only structural change at the moment really is the removal of one of the stair containing walls (both containing walls supported the roof purlins) and loading transferred to a steel contained within a partition wall which splits an existing bedroom in to a landing, bedroom and bathroom. The new plasterboard for the ceiling was then fixed to the new joists which are installed to structural engineers specifications. He wasn't actually that concerned about the loading on the steel at the moment as theres still the existing containing wall supporting the purlins and actually, the old 1930s timbers cross bracing on to the walls were only 75mm and notched on to the purlins!

It was at this point that I started to realise that I should have spoken to BC, which I then did. The BCO visited at the point where everything was still open and was happy with the workmanship (all installed by a local carpenter). She knew of the structural engineer and commented that he usually over specced and she was unaware of there having ever been any problems with his calculations or designs so was happy with those too (but still asked me to send all the designs through). I completed the regularisation application form and paid the fee and we agreed that we would speak again when starting work on the loft conversion and extension properly, subject at that point to planning permission.

So this is now the problem - we have a 'non-compliant work' open file against the property which we basically cannot have completed/closed without actually doing the loft conversion and extension! It feels like this will come back to bite me when searches start to happen, but notified or not, I think we would probably be in the same position?

Does anyone have any ideas on whether my assumptions of where we are with all the bits of work feels accurate and how we may be able to approach the conundrum of the open regularisation application? Can I cancel it and reapply as a structural change or something?

Sorry this has been a waffle but any thoughts very much appreciated.

John

 

[Leofric]

An architect or architectural technician would normally deal with a Building Regulations application for a loft conversion( which seems to be your main concern ) if you don't understand Building Regulations ,with a structural engineer providing calculations for any structural alterations. Have you thought of contacting whoever dealt with the Building Regulations application for your extension to advise on the loft conversion.
Regards

 

[Jdwood38]

Thanks Leofric, it’s all giving me a cause for concern tbh, but you’re right, the loft is the main one.

I don’t think I was very clear in my waffle above - we haven’t actually done the loft conversion (nor extension), just some of the structural work before we did new ceilings so that we didn’t have to open again in future. So right now, the loft is exactly that; a loft. Full of insulation, boxes, has no staircase etc. The regularisation certificate was opened because we had started this work. The impression I get from BCO is that this will remain the case now until we actually do the loft conversion, which of course we are now not going to.

We didn’t consider any sort of BR involvement at the time as the structural engineer (also acting as architect) was only doing things for PP. We have not had an architect involved as a builder recommended this guy to us ‘because an architect is always just spending someone else’s money’. There’s maybe some truth in that, the first architect we had round was talking about glass corners, cantilevered boxes sticking out the side of the house etc! - we just wanted a simple design which we do have

So, at the time, we didn’t think we were actually starting the loft conversion as such, just being proactive in putting in some wood and steel.

Thanks,

John

 

[motorbiking]

There doesn't appear to be any reason why you can't sell the house as is. The new owner can pick up where you left off or allow the permission to expire. If you haven't actually converted the loft then there isn't a problem. My only comment is that (depending on where you live) its possibly the worse time to downsize from a market perspective.

 

[fezster]

we have a 'non-compliant work' open file against the property

Any sensible solicitor will ask in his enquiries what this relates to - and given he/she is sensible, they will realise that because there is no loft conversion (or is incomplete), the non-compliance is expected. This should not be an issue.

Unfortunately, not all solicitors (or their clients) are sensible, and may panic at seeing this. It is then your job to have your solicitor explain to them why it is not an issue.

 

[tony1851]

General point: would this impact on the house insurance, and the possibility of anyone getting a mortgage on it?

 

[^woody^]

Can you bullet point for the time-poor?

 

[Jdwood38]

Thank you all for the responses.

My hope is that motorbiking and fezster are correct; my fear is that tony is.

Woody, in brief:

• Renovated a house with a plan to extend and convert loft (subject to PP)
• Whilst ceilings were down, installed steels and new joists for loft conversion to structural designs so we didn't have to open up again if successfully got PP (which we did)
• Realised that I needed to inform building control, did, now got an 'open' regularisation app against the property (BCO seemed happy with specs and installation of steels and joists)
• Now looking to sell and worrying that it will be a problem, haven't actually done the loft conversion and don't appear to have many options short of completing it or hoping for the best.

Hopefully that all makes sense.

Thanks.

 

[garyo]

I'd be less worried about the legal aspects and more worried that you'll spook potential buyers. If they can't get the story clean and straight in their mind they'll start thinking it's an abandoned job due insurmountable problem that you've left them with.

Otherwise conveyancers seem pretty happy to default to a £150 insurance policy the moment anything gets complicated (don't expect them to fathom PP, PD, or regs) but it's up to you and your agent to tell a convincing story in the first place.

 

[noseall]

I'm a bit baffled as to when BC got involved with the loft conversion. Was it during or after the work? Surely you applied for and sent the relevant engineering stuff across to LABC before work started?

 

[tony1851]

I'm a bit baffled as to when BC got involved with the loft conversion. Was it during or after the work? Surely you applied for and sent the relevant engineering stuff across to LABC before work started?

I may be wrong, but i think the details were sent after the work was started, otherwise why would the council have insisted on a regularization?

 

[motorbiking]

I'm glad woody asked for the summary, as I hadn't picked up on the extensiveness of the work done. In your shoes, I'd talk to the BC officer and ask him for the best way to close the project off as is, as you intend to sell. Can you for example, describe it as an upgrade to the roof, and resubmit the control for retrospective approval? The inspector may need some partial removal of finishings to allow for inspections. My worry, however is that the work means the whole area needs to comply with current requirements. Gut feel says you could probably get this through for a few £K, you have to balance that with the possible hit you'd need to take on the sale price for selling as is. An estate agent can advise you on that, but in this market, it might make all the difference.

 

[^woody^]

haven't actually done the loft conversion and don't appear to have many options ...

If you have not done the conversion then you don't need to - putting in steels is immaterial.

As long as you have not put in the stairs or insulated the rafters or boarded the floor, then it's not a conversion.

If you have done partial, but significant work (not the steels but other conversion work), then you could just deconvert this to put it more or less back to a loft - again this won't include steel beam removal.

Depending on the status of what work you have done, either withdraw the application (or have a final inspection to confirm it does not apply), or alter it to a deconversion application, and do the necessary reinstatement work.

 

[Leofric]

I am probably repeating what others have said in a different way, but if you don't want to do the loft conversion , don't do it. You have structural engineer's calculations for the structural work you have done for a future loft conversion so as far as I can see you just need to ask building control for a regularisation certificate for the work you have carried out. I don't see why you should 'undo' any work you have already done , unless it does not comply with building regs of course, or work needs to be opened up for inspection. As motorbiking says, discuss the situation with the BCO for the best way to have it signed off.