Does anyone know the rules regarding Planning Permission in particular the bit about where if the building/alteration has been done for X amount of years then you can get away with it.The reason I am asking is a friend of mine had a loft conversion done on the cheap several years ago with a Velux window and a fixed custom made ladder style staircase which I have since enclosed for him as it used to intersect his back bedroom with the open tread effect. He has had a valuation in order to sell the house but because he didn't obtain planning permisssion for the loft the estate agent couldn't recognise it as a fourth bedroom. I seem to remember that if a conversion /alteration etc had been done for so long then it was left to stand and recognised. I may have got the wrong end of the stick with this so clarification is what I need. Thanks.
Planning Permission issue
- Thread starter DAZB
- Start date
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Why should I bother getting Building Regulation Approval?
Because,when a roof space is converted into a room, the work will need to comply with the Building Regulations to ensure it meets certain health and safety standards for Structural Stability,Fire Safety,Fire Resistance of the Structure,Resistance to Moisture,Ventilation,Stairways and Thermal Insulation.
There are a number of reasons why you should get Building Regulation approval when it is required:
Anyone carrying out building work without approval is breaking the law and can therefore be subject to legal action. This can result in a fine of up to £5,000, administered through the Magistrates Courts (from April 2002).
Building work carried out without approval will not have been checked and may therefore be unsafe.
Most loft conversions do not require Planning Permission which is completely separate from Building Regulations,only need planning permission if you're going to altered the size of the orginal roof.
For example,
Velux windows must have a double roof rafter on each side and be accessible at 1.7m maximum distance from the fascia/gutter.(This is so the fireman can get you out from the ladder).If you have staircase in the lounge,you must have Velux Fire Escape window (This is so if the fire start in the lounge,you can get out of the Velux Fire Escape Window with a rope ladder.)
Are the floor joists or RSJ the correct size? Does the staircase have a correct headroom? and so on.
When you come to sell your property,any building work that you have carried out without approval may lead to, the sale being aborted and a reduction in the property value.
If you are purchasing a property, documentary evidence that any previous building work carried out has approval gives you the reassurance that the work was done properly.
If you know the loft conversion is done correctly according to the building regulations then you have no worry and the local council will give you the approval notice and the Certificate of Completion which give the buyer the confirmation that the work has been carried out correctly and in accordance with the Building Regulations.
Will I need to pull work down?
This can sometimes occur if the person does not have sufficient knowledge of the Building Regulation requirements. This will usually only be required as a last resort if no other solution can be found to remedy the situation,so it not as bad as you think !
I can't speak for the legal side but you could board it up and forget it or get a written agreement from the buyer on the understanding that no building approval was made.
But you should seek further advice from Council Control Section,as you say the council can't do anything about if it was done few years ago.I'm not a legal expert on this one,so if the structure of the building starts giving problems,who's responsible ?
We need GwaiLo on this one,failing that, the estate agent might be able to advise you on this as it's happening all the time !
Because,when a roof space is converted into a room, the work will need to comply with the Building Regulations to ensure it meets certain health and safety standards for Structural Stability,Fire Safety,Fire Resistance of the Structure,Resistance to Moisture,Ventilation,Stairways and Thermal Insulation.
There are a number of reasons why you should get Building Regulation approval when it is required:
Anyone carrying out building work without approval is breaking the law and can therefore be subject to legal action. This can result in a fine of up to £5,000, administered through the Magistrates Courts (from April 2002).
Building work carried out without approval will not have been checked and may therefore be unsafe.
Most loft conversions do not require Planning Permission which is completely separate from Building Regulations,only need planning permission if you're going to altered the size of the orginal roof.
For example,
Velux windows must have a double roof rafter on each side and be accessible at 1.7m maximum distance from the fascia/gutter.(This is so the fireman can get you out from the ladder).If you have staircase in the lounge,you must have Velux Fire Escape window (This is so if the fire start in the lounge,you can get out of the Velux Fire Escape Window with a rope ladder.)
Are the floor joists or RSJ the correct size? Does the staircase have a correct headroom? and so on.
When you come to sell your property,any building work that you have carried out without approval may lead to, the sale being aborted and a reduction in the property value.
If you are purchasing a property, documentary evidence that any previous building work carried out has approval gives you the reassurance that the work was done properly.
If you know the loft conversion is done correctly according to the building regulations then you have no worry and the local council will give you the approval notice and the Certificate of Completion which give the buyer the confirmation that the work has been carried out correctly and in accordance with the Building Regulations.
Will I need to pull work down?
This can sometimes occur if the person does not have sufficient knowledge of the Building Regulation requirements. This will usually only be required as a last resort if no other solution can be found to remedy the situation,so it not as bad as you think !
I can't speak for the legal side but you could board it up and forget it or get a written agreement from the buyer on the understanding that no building approval was made.
But you should seek further advice from Council Control Section,as you say the council can't do anything about if it was done few years ago.I'm not a legal expert on this one,so if the structure of the building starts giving problems,who's responsible ?
We need GwaiLo on this one,failing that, the estate agent might be able to advise you on this as it's happening all the time !
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Firstly, I am in no way qualified to answer this, but 
Wouldn't it be acceptable to classify the room as 'storage' If perspective buyers then envisage using the space being used alternatively - that's their perogative?
A lot of people would see a large storage area as a decision swaying factor.
P.S. Having a bed made up in the room may not be a good idea!
Wouldn't it be acceptable to classify the room as 'storage' If perspective buyers then envisage using the space being used alternatively - that's their perogative?
A lot of people would see a large storage area as a decision swaying factor.
P.S. Having a bed made up in the room may not be a good idea!
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Planning application for a loft conversions is only required if you are increasing the volume of the property ie . Dormer.....or
Windows ie...Velux or similar are being installed to the front elevation.
Only other case would be restricted development orders, preservation orders or listed buildings etc.
Building control is a totaly different matter , for anything other than light storage you are advised to make a building control application, you can easily come unstuck when you sell on the property, I've done a number of applications retrospectivelythe cost can be horendous!!. Building control takes into account all aspects of the build including FIRE , what price would you put on your life ?.
Mickthebuilder
Windows ie...Velux or similar are being installed to the front elevation.
Only other case would be restricted development orders, preservation orders or listed buildings etc.
Building control is a totaly different matter , for anything other than light storage you are advised to make a building control application, you can easily come unstuck when you sell on the property, I've done a number of applications retrospectivelythe cost can be horendous!!. Building control takes into account all aspects of the build including FIRE , what price would you put on your life ?.
Mickthebuilder
the time the work was completed is not an issue, the fact that it has not been inspected by the Build Insp is. Would you buy a property that has not been built properly? NO. Would you expect someone else to do the same.
For the conversion to be legally classified as a habitable room, it must conform to ALL of the regulations in force at the time of inspection.
It may have been cheap to build at the time, but how much will it cost to put right
For the conversion to be legally classified as a habitable room, it must conform to ALL of the regulations in force at the time of inspection.
It may have been cheap to build at the time, but how much will it cost to put right
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