Older regulations - 1998, 2005, 2006

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Hi I'm new to this site and hoping someone might be able to give me some information and maybe advice.

We are in the process of regularising an existing loft conversion done some time in the past not by us. I was assured that as we were only altering the staircase the insulation would not need to be upgraded to current standards because of the rules about the regs not being retrospective and because these standards would simply not be practicable. The regularisation notes also say that only reasonably practicable alterations would be requested.

So the inspector came yesterday, happily approved all the new work, asked for one or two minor alterations and for another engineers report about the existing structure. This is fine, we don't want the ceiling falling on our children's heads. However there were a few points that are simply not feasible or I have questions about.

1) We are to either double board the ceilings on the 2nd floor or add a fire blanket under the loft floor. Can anyone tell me anything about the fire blanket, it's thickness cost etc so we can consider which way to go? We are looking at £600+ to do the ceilings plus the major mess and disruption. We already have 100mm of rockwool under the floor so there's not really much space.

2) He asks how we will ventilate the rood space. This seems then to be a shrouded request to install roof vents. Is this our best option or are there other alternatives?

3) He asks to confirm if we have a cellar, which we do, that has external access. Does anyone know how this is relevant and if it might mean yet more headaches?

4) This is the nail in the coffin and might mean regularisation is not possible. He's asked for insulation to 2006 levels. I can't find what thickness this is but a google shows that this was the year it was dramatically increased and my retired architect father says it's not much thicker now than then. We currently have 2100 head height on the stair landing so adding anything like the current thickness would mean we would no longer have legal head height and thus a non-functioning room. It's an entirely arbitrary year he has picked. I informed it that the people before me did not do the work and they moved in in 2005 so the idea of basing it on probably regulations required at the time is already out of the window. (Does anyone know what 2005 regs were?) Looking through my deeds, the house had a new gable end in 1998 which seems a probable time for the loft work to have been done, probably not before at least. (Anyone know what the regs were for 1998?). In submitting my form after discussion with building control I wrote that my understanding was that what we were doing was all that was reasonably practicable. In that conversation I expressed my concern about the insulation as there isn't room (it's very small conversion, we're only a two up-two down house). When the inspector left yesterday he said he certainly wouldn't be asking for current insulation levels so what's with asking for something only fractionally less? We shouldn't be having to do the insulation in the first place as this was existing work. Again my architect Dad says that under the other authorities he's worked with they have never asked for insulation or even floor structural work where existing work was being regularised.

Any guidance? I feel at a dead end. We would've done the staircase and submitted a building notice had we not been fairly well assured this wouldn't happen. What a waste of thousands of pounds!
 
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You will have to carry out the works required in order to gain certification required by the actual inspector assigned to your application. Talking to another inspector or a any other surveyor from this council or any other is a waste of time. Works required to achieve Regularisations are somewhat down to the approving inspector it must be stated.

1. You will need to prove the insulation already exists within the floor zone and is adequate for fire stopping otherwise you will need to upgrade.
2. He is talking about at the ridge presumably, the alternative is ridge vents meaning the ridge tiles have to come off.
3. Don't know why he refers to your cellar. Ask him.
4. The 2006 Thermal Building Regs you have been asked for are still current (they happened to start in 2006 though) so he is just asking for current standards. If you could prove without doubt that the works had been carried out before 2006 you can use the older standard of regs.

There is nothing in your list I would have considered particularly unreasonable for a Regularisation.

You're living in a dream world if you think you may not have to upgrade things just because its a Regularisation. Regularisations Applications are always a bit of an unknown until you get the inspector round. Why isn't your dad sorting it out? When did he retire?
 
My Dad isn't sorting this out because he is 65 and had a heart attack in recent years. He retired a few months ago. Were I living in his old area he would call up the Chief building officer and have a personal chat but he doesn't know the planning team here and as you say talking to a different authority means nothing.

There's no dreamworld. I never said I expected not to upgrade anything, of course we would expect to upgrade things, this being the purpose of improving the existing work in the first place. I initially applied for a building notice for making the stair work (it previously had a section with height of 1m!) but was advised to convert this to a regularisation in order to get the third bedroom status. I discussed this at length with the planning office. Stating quite clearly that we could not physically install the current insulation standards due to the low height of the room. She assured me that the clause about reasonable practicability would be applied in this instance. As i said before the instructor left me yesterday saying he wouldn't be expecting this level of insulation therefore I can only suppose he has been overruled.

I have evidence that the work was not carried out by the previous owner as he has declared so during the conveyance of the house to me. An examination of the age of the materials of the existing work would also demonstrate a natural aging of at least 10 years. As the standard practice is to apply regs at the time of installation (which we don't know) he asked me for information and I told him this but he has arbitrarily choose 2006 when it certainly had long been in place.

For the underfloor insulation he asked for 100ml rockwool which, interestingly enough, is already there and totally visible! He asked for this in addition to the fire blanket or ceilings so presumably doesn't rate this insulation as proving any fire resistance.

I'm just ****ed off that had they been honest about this when I first put in the application I would've just done the building notice as planned and done sufficient improvement to make things work for us. They were happy to take an extra £200 for it when clearly there was going to be no chance we could ever comply. Could've saved the money for a deposit instead of improving the house to get out of negative equity. Grrr...
 
So the moral of the story is, don't buy a house with an illegal conversion without first discussing the implications of gaining legality from a Buildng Control surveyor, especially when your dads an architect! :LOL:

As mentioned the actual area inspector appraising your application would have been the one to speak with but hindsights is easy of course.
 
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So the moral of the story is, don't buy a house with an illegal conversion without first discussing the implications of gaining legality from a Buildng Control surveyor

Hmm not really given that it was discussion with them that made us to switch to a regularisation. We wouldn't have to do any of this for the notice for the change of stair.

We didn't choose the house for the conversion, it was the only house we could afford in the cheapest area when relocating for work. Maybe you are in the enviable position of being able to pick and choose your houses. Some of us are not well off and have to take whatever crap we can afford on the limited market at the time.
 

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