Building Control Threatening To Change Type Of Application

[EViS]

As a follow up to our PP issues here, we had the building controller advise us today that "his boss" is taking a view that our application (Building Notice) for a wraparound extension now needs to be an application for a new build (which will require a SAP, EPC and pressure test). To date we have poured the footings and almost finished the walls to wall plate. All work has so far been inspected and until the planning fiasco no word has been mentioned that our BC application is incorrect.

Does BC have the power to suddenly void an application and change it's description, after they accepted it in writing, were provided the PP number which contained the drawing references and have inspected the work on numerous occasions already?

This is obviously another planning/enforcement tactic to achieve a new application, but does it have any legs?

 

[Nakajo]

I didn't even know that the Building Control Dept knew where the Planning Dept was!!

 

[jeds]

Just tell them, strongly, that there is no justification for it. Point out that the application has not changed and is exactly as submitted and approved. Tell them that the planning view is flawed and you intend to appeal and that you are 100% confident in winning and when you do win you will seek damages from both departments. Tell them that a dim view is taken of local authorities that try to bully home owners on weak technicalities that make zero difference to the finished project. I wouldn't hold back. Tell them straight.

Having said that, doing a SAP is no big deal and nor is an EPC, And they've got it wrong on the pressure test. For single dwellings the SAP would simply be adjusted and a pressure test is not required. So you might also tell them that understanding of their own regulations is less than impressive.

 

[EViS]

John,

Do you by any chance have an email, telephone, or website I could reach you on in regards to issuing a PCC? I cannot seem to be able to send you a PM via the forum.

 

[EViS]

Update: We had a design SAP undertaken to appease the enforcement officer. This was submitted but we have since not received a reply. We've also had our first inspection from a surveyor with a view to having a PCC issued at the end as a form of backup if this does end up being a new build.

BC sent us an email requesting an additional fee of a couple hundred and that the description will be altered to "rebuild of dwelling with the exception of the front wall". They calculated the fee based on a 100m2 extension as opposed to taking the more costly figure from the fee table for a new build!?

There was no mention that we cannot continue under a Building Notice.

We replied to their email with reasons why their description is inaccurate - namely that the description does not refer to the extension of the dwelling and the fact that the front wall cannot be excluded as its thermal element has been upgraded with a new inner skin and underpinned on new footings. This work has already been inspected by BC. If they're going to be finicky about the description, then surely these two factors should be accounted for? Otherwise, with the simplified description that they propose (to provide more angle for the planners), our completion certificate will not state that the extension of the property was also inspected? Or am I incorrect in my line of thinking and should just accept their description?

Nonetheless, they responded to our aforementioned email merely stating that the additional fee is to be paid, and until that point they will not undertake any further inspections! They did not bother discussing our concerns with their amended description. We will be installing the floor very soon so will require an inspection, any advice on how to proceed with this? Can they truly refuse to come out for an inspection?

 

[Hangus79]

Out of curiosity, why did you opt for carrying out the work under a 'Building Notice' rather than submitting a 'Full Plans' application?