We did a small roof space conversion about 13 years ago to accomodate my step-son staying over. We just put a slingsby ladder in. My lad has since moved out to a place of his own. I have had Building Control out stating I either need to apply for building control or take down stud roof and walls and remove radiator. I have no intention of selling the house as the attic being an extra room. Does anyone know if this man from the council is being awkward or do I really need to strip the attic back.
Building Regulations
- Thread starter Burnsy45
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No they were out to verify gas installation and the boiler is in the attic. I didn't know is done anything wrong in 1st place as we were told at time we didn't need building reg unless we planned to sell house with attic as an extra bedroom.
Surely taking the rad out (fairly easy) would be enough, I don't think there are regs specifying what a non-habitable room should provide, just what a habitable room should comply with.
If it's not got a proper access and no radiator, it can't be classed as habitable can it?
The only other thing I can think of is planning, but if it's not habitable then you haven't changed its use.
A quick google suggests that in addition to PP enforcement not being carried out after 10 years (change of use), Building regs don't normally bother after a year (and that's for habitable spaces).
Looks like you live in NI so maybe the rules are slightly different?
I'd be tempted to tell them it's not used as a habitable space and wait to see if they try to enforce, maybe take the rad out but certainly not tear the boarding out.
If it's not got a proper access and no radiator, it can't be classed as habitable can it?
The only other thing I can think of is planning, but if it's not habitable then you haven't changed its use.
A quick google suggests that in addition to PP enforcement not being carried out after 10 years (change of use), Building regs don't normally bother after a year (and that's for habitable spaces).
Looks like you live in NI so maybe the rules are slightly different?
I'd be tempted to tell them it's not used as a habitable space and wait to see if they try to enforce, maybe take the rad out but certainly not tear the boarding out.
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+1,assuming your regs are similar to England's, it's the staircase - fixed or retractable - which determines whether or not the regs apply.
Dear Local Building Control Department
The Building Regulations (Northern Ireland) 1979, as amended by the The Planning and Building Regulations(Amendment) (Northern Ireland) Order 1990, being as they were, the regulations in force at the time the works were completed, state in article 33:
"(5) A contravention notice shall not be served after the expiration of 18 months from the date of completion of the work in question. "
I look forward to your acknowledging this point of law, that clearly states that if you wanted to serve an enforcement notice upon me with regards to works carried out in the loft space of my dwelling, you should have done so 11.5 years ago and as a result will be taking no further action in respect of the same
Regards
Burnsy45
Note: "just" in this sentence could be construed as meaning either "simply" or "recently".. Choose words carefully
Just to clarify here, (English. regs); a building control department cannot take action under sec. 36 of the Building Act after 12 months (i think 2 years in some instances).
But they can at any time apply to the court for an injunction regarding the contravention. But that power is very rarely used as the onus of proof of a contravention would be firmly on the council.
But they can at any time apply to the court for an injunction regarding the contravention. But that power is very rarely used as the onus of proof of a contravention would be firmly on the council.
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