Conservatory Issue

[DevilDamo]

The conservatory may not need planning permission though...

http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommonconservatory/

And conservatory's only "normally" require BC approval under certain circumstances...

http://www.planningportal.gov.uk/en...kcommonconservatory/workmorebregsconservatory

But the works were done all that time ago, I personally wouldn't go through the hassle.

If there was an existing door/window/french/patio doors, there would have been a lintel over and providing the opening hasn't increased in width, this would not be deemed as a structural alteration, thus requiring a BR application.

However, the door between the house and conservatory must remain so as said, if that's the only thing BC are concerned about, tell them you'll erect a new partition and door. Get the works signed off and remove it... if you want to.

 

[RonnyRaygun]

So they may have got building regs approval for the removal of the wall?

And they may have got building regs approval for Part L2 of the building regs, or it may not have been a requirement when the conservatory was built (don't know when it became a requirement to have an external door between house and conservatory?).

And anyway, it's probably too late for building control to take enforcement action...unless the structure is reported as dangerous...which doesn't seem likely...

So you've probably got nothing to worry about

 

[RonnyRaygun]

If there was an existing door/window/french/patio doors, there would have been a lintel over and providing the opening hasn't increased in width, this would not be deemed as a structural alteration, thus requiring a BR application.

Now I think there has been structural work done as

There would have been a window or a door there at some stage, most probably a window and door as this would have been the original kitchen window/back door that led into the garden.

Sounds like the O/A width has increased so it would have needed approval at the time...

 

[freddiemercurystwin]

I do not know if they can legally do so but I have seen Building Control do this in the past so I know that they can try at least.

Whilst they won't take any enforcement action at this stage they may hold the Building Regulations Certificate for your new works as a ransom in order to ensure the illegal works are regularized.

 

[maltaron]

I think that even if it was built without planning or building regs over 4 years ago the BC can do nothing, other than declare the building unsafe and unfit for habitation. But this would open a huge can of worms.

 

[DevilDamo]

Sounds like the O/A width has increased so it would have needed approval at the time...

I read that as patio doors with sidelights... you see?

Oh well.

 

[RonnyRaygun]

This is where a picture speaks a thousand words

 

[Disco Shoes]

Just to prove stories DO NOT have a happy ending, we received a letter through the post today informing that this arrangement does not reflect the application.

They have given us a list of remedies which would reach a "satisfactory outcome" all of which are very expensive and would involve money we quite simply do not have.

They have also noted SOMETHING ELSE that needs putting right with regard to the stairway while they were here as well.

I have original documents from our vendor claiming that no planning permission was needed for the conservatory, and a copy of our full structural survey which clearly states that a council is "unlikely to take enforcement action and be too busy to entertain a retrospective application". The surveyor missed the stairway issue altogether. So there you go folks, don't waste your money on expensive legal people OR surveyors as they can be as equally useless as the cheaper ones.

There is no mention of enforcement notice at this stage, but we have had our "card marked" and this issue will come up on local searches so we cant sell the property.

As a generalism, is the letter to point out that the work is unauthorised and therefore needs putting right before we can sell or do they generally expect immediate action, in which case I will just drop the keys off to my mortgage company on the way home from work.....

 

[DevilDamo]

I (and I'm sure others) are still somewhat confused.

Why are BC even getting involved because you have said (and you have writtten confirmation) that the works have been there for x number of years!?!

 

[Disco Shoes]

Because they've seen it, they therefore had to put it on the "parish card entry" so we will find it very hard to sell as this will appear on any searches (just not ours 3 years ago)

Even though the works were completed 8-10 years ago "unauthorised works are held against the property and not the persons undertaking any works"

I have just phoned them and they say they will not be taking any enforcement action but this is effectively a black mark over the property and I do not trust anyone involved in buying or selling a house. I feel we have been conned by the seller, our solicitors and our surveyor.

 

[RonnyRaygun]

What a jobsworth...

 

[DevilDamo]

Unbelievable!

Just out of interest, what are BC asking for?

 

[Disco Shoes]

The seperation between the dwelling and conservatory to be restored (so relocation of doors), reinstate the wall between the stairwell and ground floor creating a hallway (this is the new issue as because the stairway is open, there are fire escape route problems as the conservatory roof prevents ladder access).

OR

"try" and regularise the works entailing various exposures, superstructual calculations and thermal calculations then any subsequent remedial works.

We are going to do NOTHING for as long as possible then demolish the front part of the conservatory, put a flat roof on the top of whats left and an external door at the back, so that this area becomes a flat roofed extension (and a fire exit route). We are told by "his nibs" that this is likely to satisfy them and would not require planning permissions. We lose a 12ft conservatory but gain a patio and if the roof was strong enough could even put a french door in from the bedroom to replace the window, some fencing and we could use it for breakfasting.... or more likely rowing with each other

And all this because we wanted to knock two rooms through and do it "by the book". Seriously, if there is anything remotely strange about the make-up of your home, do not let these people in as god only knows what they will snoop around and report back on.

 

[freddiemercurystwin]

What a jobsworth...

Not really, they are doing what they are legally obliged to do. I've seen this happen a few times.

The lack of separation between the habitable rooms on the ground floor and the escape route for the first floor is a good call IMO.

 

[Disco Shoes]

Under (presumably) current legislation:

- No building control consultation on the EXTENSION of the conservatory to the rear of the property. This extension took the form of re-roofing the original conservatory which was a conventional structure running adjacent to the kitchen (sticky out bit on the back of a conventional victorian terrace) and running round in an L shape to the full width of rear the property offering 12 square m as additional space at the back of the property
- The seperation of the wall between the dwelling and conservatory
- No exterior door into conservatory
- The removal of the wall between the dining room and stairwell means that all the first floor rooms are "inner rooms" and require suitable escape windows which must be accessible by a ladder. The conservatory hinders means of escape

We have some suggested remedies from them.