Help with "Illegal" roof terrace: Building regs on

[NoviceLandlord76]

Hello, am sure there must have been a tonne of posts on this previously but can't find. I really need some advice!

We converted the loft (with dorma) of our 2nd floor victorian flat in 2007. Gradually, we cautiously colonised the flat roof and created a terrace (so as not to draw too much attention too quickly. i.e we started with steps, then decking, then railings). Our neighbours two doors down recently erected a roof terrace without planning or building regs. There was a complaint and, when the building regs guy went around, he noticed ours. We then got an official letter from buillding regs saying they want us to call them.

If the terrace has to come down, it has to come down. The main worry is that there are many aspects of the interior of the flat that do not comply with building regs. i.e as soon as they were signed off at the time of the loft conversion, we took out fire doors, walls, etc. the concern is, if we let anyone from building regs in through the front door, they will then insist on changes to the interior.

Question: I have heard that if building works have been up for a certain length of time, then regulators cant force the hand. e.g have heard either 4 years or 7 years for roof terrace but can't locate a definitive answer. Does anyone know this? Also, does that relate to planning or building regs? It will be 4 years in a couple of months for us.

Another question: is it worth seeking out the assistance from a consultant to help navigate through all the legalities? Anyone used one before?

p.s. worth mentioning that we also own the flat downstairs/

 

[freddiemercurystwin]

The fact is nobody from Planning or Building Control are likely to take any enforcement action at any time unless there is a high danger to the public or occupants from a structural point of view. The most you'll probably get from either is a letter saying the works are illegal which will come up on a search when you sell. There is no way of avoiding that other than legalising things.

After 4 years Planning cannot legally challenge the development, it does not make it legal though.

After 2 years Building Regulations cannot take any enforcement unless it is for structural works that pose a danger. It is possible that works to turn a flat roof into a terrace could fall into this category. Again it does not automatically make the work legal.

If you want to remove fire doors that may save your life or fit a railing that may fail when the next owner's kids fall through or whatever that's another matter for your conscience.

 

[tkmax]

If you want to remove fire doors that may save your life or fit a railing that may fail when the next owner's kids fall through or whatever that's another matter for your conscience.

Couldn't agree more.

Maybe the OP could watch one of their own family fall 30ft to their death. Or wait outside for them to die, trapped by fire on the top floor. It's such a shame the law always gets in the way of common sense home alterations.