Building Inspector Ignoring Approved Plan

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Liverpool
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Has anyone had encountered a situation in which a Building Control Inspector approves the start of a building, which is at variance with the approved Planning Application? In my case, I did not object to my neighbour building an extension to his house as the plan showed a passageway between my boundary and his external wall. However, he has now reduced the passageway to a 300mm gap and dug a foundation trench not in accordance with the plan.

Here in Liverpool, the City Council building control department do not appear to talk to the Planning Department. The foundation trench has been approved by a building inspector, even though it does not conform to the approved plan. When asked about this, the building department say that they only look at the structural requirements and not the approved plan. On the other hand the Planning department say that the structural specification is not in their brief. Both departments seem to be washing their hands of the problem and trying to blame the other for the error. So the question is, is it normal for a Building Control Inspector to ignore the approved plan? What can be done to rectify the situation?

Is this cause for complaint against the Building Control Department and/or something I could take to the Local Government Ombudsman?
 
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Just to clarify you are saying that there was a panning application and that has been approved and the build is not in accordance with the approved plans?

Building Control do not speak with planning and have no obligation to do so. Provided the build is structurally sound then all you can do is speak with planning if the approved plans have not been adhered to.

Are you saying that when you spoke with planning and said the wall was further over they said it was not an issue for them?
 
Just to clarify you are saying that there was a panning application and that has been approved and the build is not in accordance with the approved plans?

Building Control do not speak with planning and have no obligation to do so. Provided the build is structurally sound then all you can do is speak with planning if the approved plans have not been adhered to.

Are you saying that when you spoke with planning and said the wall was further over they said it was not an issue for them?

YES that is CORRECT.

THIS seems to be very ODD as it allows anybody to start building not in accordance with the approved plan

The PLANNING department say that it is an issue with them, but they are powerless (or do not want) to stop the building work at this stage. They did talk about an Enforcement Notice, but that might be after all the bulding is completed.

Thanks for the advice though.
 
Well, it might seem odd but there you go. Planning often only issue enforcement after the build is complete. It is a mystery. In the first instance they are likely to ask the applicants to submit a retrospective planning application before they take enforcement measures.

Anybody can build what ever they like albeit at the risk of panning enforcement. The system is not ideal.

Theoretically you could get an injunction to halt works if you feel the build is affecting your property, as presumably there was no Party Wall agreement set up but really going legal can just get out of hand!!!

Just to play devils advocate how is this change to the plans affecting you?
 
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Has anyone had encountered a situation in which a Building Control Inspector approves the start of a building, which is at variance with the approved Planning Application?

It's actually really simple:

Building Control care about how it's built
Planning care about where it's built and what it looks like

You could apply for planning for a rear extension and then then build the darn thing in the middle of the main road for all BC care; so long as you built it right, they'll sign it off regardless of whether planning would approve of it
 
Well, it might seem odd but there you go. Planning often only issue enforcement after the build is complete. It is a mystery. In the first instance they are likely to ask the applicants to submit a retrospective planning application before they take enforcement measures.

Anybody can build what ever they like albeit at the risk of panning enforcement. The system is not ideal.

Theoretically you could get an injunction to halt works if you feel the build is affecting your property, as presumably there was no Party Wall agreement set up but really going legal can just get out of hand!!!

Just to play devils advocate how is this change to the plans affecting you?

The problem was that the neighbour did not give me the 2 months written notice of his plan according to the Party Wall Act. Then suddenly one day he had dug a trench for his foundations which were 30 to 40 cms lower than the base of my foundations, adjacent to them and on the downhill side. However he has now filled his trench and is building the walls. At present there is no detectable damage to my wall, but I am concerned that there may be movement in my foundations in the future. The narrow gap means that it will then be impossible to do any remedial work to my foundations or wall. Because there is no current damage, I don't think that I can go for an injunction on those grounds. I just have to wait for a crack to appear in my walls and then take legal action.

The other problem is that, whilst before it would have been possible to move a standard sized Wheely Bin through the passageway from the rear garden to the front, the current building work will prohibit this. This means that the three Wheely Bins will have to in full view of the road 24/7. The current street scene does not have Wheely Bins on show and so this build will set a precedent for having numerous Wheely Bins visible and producing an overall detrimental visual effect on the neighbourhood. This will affect everyone in the vicinity.

Thanks again for your further words of advice.
 
Forget all about the PWA, as works has commenced it is now irrelevant and the neighbour was under no obligation to get one in place.

Wheelie bins are evil I have to agree.

We would need to see an accurate drawing showing yours and the new foundations in relation to each other to comment on that, but maybe there is no issue depending on their relationship.

There are numerous extensions thrown up where the gap between them and the existing neighbouring property is only an inch or so, so your argument with respect to future maintenance/rectifying works is a moot point.

If you find problems with your house in the future you will have to prove it and likewise he is likely to try to prove it otherwise and that can get pretty messy and maybe it would all be fruitless anyway.
 
The other problem is that, whilst before it would have been possible to move a standard sized Wheely Bin through the passageway from the rear garden to the front, the current building work will prohibit this. This means that the three Wheely Bins will have to in full view of the road 24/7. The current street scene does not have Wheely Bins on show and so this build will set a precedent for having numerous Wheely Bins visible and producing an overall detrimental visual effect on the neighbourhood. This will affect everyone in the vicinity.

Thanks again for your further words of advice.

Sooo... You used to use his land to wheel your bin from the back of your house to the front?
 
I assumed the OP meant his neighbour used this passage to wheel his (the neighbours) wheelie bin back and forth?
 
Forget all about the PWA, as works has commenced it is now irrelevant and the neighbour was under no obligation to get one in place.

Wheelie bins are evil I have to agree.

We would need to see an accurate drawing showing yours and the new foundations in relation to each other to comment on that, but maybe there is no issue depending on their relationship.

There are numerous extensions thrown up where the gap between them and the existing neighbouring property is only an inch or so, so your argument with respect to future maintenance/rectifying works is a moot point.

If you find problems with your house in the future you will have to prove it and likewise he is likely to try to prove it otherwise and that can get pretty messy and maybe it would all be fruitless anyway.

Yes, I gather that the PWA is now not relevent except for Section 6-10 and Section 10.

The original approved passageway width was given as 600mm, whilst it is now being constructed with a 300mm gap, which means there is no passageway and external access to the rear garden.

My understanding of the PWA is that if there is future damage to my wall, then, because I was not given prior notice of the work, then it is up to the neighbour to prove that he is innocent of the damage, rather than me having to prove that he is guilty. If he had given me prior notice, then the opposite is the case. (note I am not a solictor, so this may be a bit too simplistic).
 
The other problem is that, whilst before it would have been possible to move a standard sized Wheely Bin through the passageway from the rear garden to the front, the current building work will prohibit this. This means that the three Wheely Bins will have to in full view of the road 24/7. The current street scene does not have Wheely Bins on show and so this build will set a precedent for having numerous Wheely Bins visible and producing an overall detrimental visual effect on the neighbourhood. This will affect everyone in the vicinity.

Thanks again for your further words of advice.

Sooo... You used to use his land to wheel your bin from the back of your house to the front?

No - thats not the case. I have another passageway on the other side of my house which is 1000 mm wide and fine for moving my Wheely Bins, Lawn Mowers, Ladders, Fence Panels and the like from the front to the rear garden. It is my neighbour who is semi-detached on his other side, who will now have no means to move his Wheely Bins, garden waste etc.. from back to front, except by going through the house. I don't think he worries about this problem, as he seems to be a building developer who will be off to pastures new, once he has ruined this environment by forcing any subsequent owner to park the Wheely Bins at the front 24/7.
 
My understanding of the PWA is that if there is future damage to my wall, then, because I was not given prior notice of the work, then it is up to the neighbour to prove that he is innocent of the damage, rather than me having to prove that he is guilty. If he had given me prior notice, then the opposite is the case. (note I am not a solictor, so this may be a bit too simplistic).

Regardless of the PWA. if damage was apparent to your side, you would still have to prove it was caused by the neighbour's work.

PWA is a complete waste of time and money for all concerned, and serves only to enrich surveyors; it doesn't alter the legal position regarding repairs.
 

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