permitted development problem

[mistykarma]

I have just had my loft converted, most of the work is done apart from plastering, painting and bathroom fitting.
The independent building inspector came last week came and ok'd everything so far.
I asked the builder yesterday to measure how far back the dormer was set back from the eaves as it didn't seem that much.......It it 150mm.
The architect and plans that were drawn and submitted under pd said a minimum of 200mm.
I now know under pd having just done some research that it has to be 200mm minimum (I didn't know this before as trusted builder) but we have a house with almost no eaves at all and the builder has built the dormer on the back wall. Do you think this was to save money on another steel beam?
Does anyone know if the building regs inspector should have picked up on this. Is this something he should have checked and is under his remit.
i am worried that I now have an illegal loft.

 

[^woody^]

You don't submit any plans under PD.

If the work is within the criteria of PD, then you carry on and build (submitting b/regs plans as necessary).

If the work is outside of PD, then you submit plans for planning approval as well as building regulation approval

The building inspector checks for compliance with building regulations not planning permission or PD

You would normally expect your designer to ensure that the relevant permission are applied for before work starts, and that the builder builds to the approved plans

 

[mistykarma]

Thank you.

When I say submitted I meant notice of build sent to council.
What should I do if builder has not followed architect plans exactly. The reason for this was that he wanted to build off the back wall which didn't leave 200mm from eaves as eaves are only 150mm. The structural engineers plans show that we would be building off back wall but still be 200mm from eaves. Surely he should have known that if we build off back wall we wouldn't be 200mm from eaves so shouldn't have drawn up the plans that show that.

 

[^woody^]

Ultimately, you are responsible for any breach of planning regulations at your property.

If work which was designed to conform to PD is altered so that it no longer conforms to PD, then whilst it is your responsibility to ensure that any new planning application is made, you would have a valid claim against the person who altered it if they did so of their own accord - ie as long as you did not ask for the alteration. Even if you did ask, then you should be made aware of the consequences of your request

There is an implicit duty of care on the designer/Architect, the engineer and the builder to be aware of planning and building regulations and be mindful of not only ensuring that work is designed and built in accordance with statutory requirements, but to notify you if it does not conform.

 

[mistykarma]

Thanks Woody

Do you think I need to submit an application for planning permission with revised plans if we no longer comply with pd and hope for the best? Or get the builder to move the dormer wall by 5cm?

 

[^woody^]

Personally, I would leave it.

However if you are in an area where this might attract interest from passing busybodies, or have neighbours liable to complain, then have a think about it. But in reality, 50mm is not a big use for planners

BTW, the 200mm eaves set-back is measured up the roof plane and not horizontally, and from the tile edge not the fascia - so this may help

 

[DevilDamo]

You don't submit any plans under PD.

Unless the client is looking at submitting a LDC in which plans would be required.

 

[jeds]

Thanks Woody

Do you think I need to submit an application for planning permission with revised plans if we no longer comply with pd and hope for the best? Or get the builder to move the dormer wall by 5cm?

Or move the eaves by 50mm. 2 extra fascia boards will do it.

Personally I'd forget it until somebody raises it officially. Once your scaffold is down it will be almost impossible to tell from the ground.