Has the Architect created a problem?

[Markbon]

Hello. Im soon to be digging out footings for an extension. I had a look at the site block plan and noticed that for no reason the Architect has marked 1100 as the distance of the side wall of the proposed extension from the boundary. This would be a waste and mean his external and internal measurements of the extension couldn't fit in the space left.
So does anyone know if this is a problem and if I build that bit closer to the boundary it might cause issues in future with planners etc.
Thanks

 

[^woody^]

You should build to the approved plans otherwise any permission may be invalid.

 

[Nakajo]

After 4 years, any such breach becomes unenforceable, if the council have taken no action in the interim - but presumably you're only talking about another 100mm.

 

[Markbon]

After 4 years, any such breach becomes unenforceable, if the council have taken no action in the interim - but presumably you're only talking about another 100mm.

Yes 100mm. We've just knocked the garage down which is 1 metre from the fence plus as I said the extension measurements need that size or possibly the kitchen may need rearranging. I think the drawer must have been drinking.

 

[^woody^]

After 4 years, any such breach becomes unenforceable, if the council have taken no action in the interim - but presumably you're only talking about another 100mm.

Oh the generic get out of jail card that gets thrown about.

Not if there is a breach of condition or the original permission is not deemed properly enacted.

 

[Nakajo]

I'm unaware of any case law to that effect.

 

[tony1851]

Very doubtful the council would take action on 100cm as against 110 cm, even if anyone reported it. The neighbours will not be aware of the discrepancy, and ordinarily the Building Inspector will not get the tape measure out.

But......

Do you have any windows or doors on the side wall? If so, the architect may have specified that distance to avoid contravening any Building Regs regarding fire safety and 'unprotected areas'.

 

[^woody^]

I'm unaware of any case law to that effect.

It's law, not case law

 

[Markbon]

Very doubtful the council would take action on

So is there a rule of 1100 if theres a window?
Also am I right in thinking that if a part of the extension is single storey that part could be done under permitted development and maybe closer to a boundary. And could the pd bit be applied for retrospectively should it be needed?

 

[Markbon]

Duplicate post

 

[tony1851]

So is there a rule of 1100 if theres a window?
Also am I right in thinking that if a part of the extension is single storey that part could be done under permitted development and maybe closer to a boundary. And could the pd bit be applied for retrospectively should it be needed?

Within 1m of a boundary, Building Regs limits the areas of any doors/windows in the wall to a maximum 1 sq m.

A single storey side extension can be built under Permitted Development up to the boundary, subject to a few other considerations. But adding a second storey means that the whole development needs planning permission.

 

[Markbon]

Ok thanks. The reason I asked about the single storey is this has one at the back of the extension not much bigger than a porch. That is the only part that really needs to be closer than 1100mm. The rest of the extension isn't effected so much as the side boundary is slightly out of parallel with the extension. But if that has to be narrower the whole extension does.