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Retrospective Building Control

Discussion in 'Building Regulations and Planning Permission' started by prospect, 19 Jun 2009.

  1. prospect

    prospect

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    I'd be grateful if anyone can give me advice on the following problem.

    In 2001 I got planning permission to do some work to my flat, which involved removing a pitched roof above my kitchen, replacing half of it with a glazed roof and the other half was strengthened and flattened, and covered with asphalt, and I had an existing window enlarged into a doorway (the idea being you can have access to the flat bit so you can clean and maintain the glass section).

    The work was all completed according to all permissions etc. However I've realised now (as I'm about to sell the flat) that somehow Building Control didn't issue a final certificate of inspection in 2001. I've spoken to them and they confirm they didn't make a final inspection.

    My questions are these: obviously I'll have to get them back to give me the final certificate in order to sell the flat but I expect building reqs may have changed to some extent since 2001. Can they issue a certificate based on the reqs as they were when permission was granted or will they insist on any modifications post-2001?

    Secondly, I've added a layer of wooden decking to the flat asphalt roof, just to protect it really and make it easier to walk on. That wasn't on the original plan. Will Building Control spot this and refuse the certificate or should I just remove it before they visit?

    cheers
    prospect
     
  2. Muzz

    Muzz

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    Maybe it's one of those urban myths but I have heard people say that after a period of time it doesn't matter and they can't make you require certification?

    Not sure what length of time that is though.

    Would be good if one of the experts could clear that up too when they answer your question?
     
  3. jeds

    jeds

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    You can apply for regularisation of building regs. This is the same as an application but the regs that apply are those at the time the work was completed. Sometimes BC want evidence of when the work was completed.

    Alternatively you could offer a purchaser an indemnity insurance against action by the local authority. These insurances cost a couple of hundred quid. The right to enforcement under the building act ends after 12 months of the work being completed so any action taken by the LA after that time would be a civil action in the court. Unless you are causing a serious public nuisance or safety hazard that ain't going to happen.
     
  4. mikric

    mikric

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    Am I correct in thinking that you made a building regs application in 2001 and you only need final inspection doing ? If you have an 01 application then the regs will be as they stood in 01 regardless of what todays requirements may be.
     
  5. noseall

    noseall

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    True, but if he was deemed to have 'completed' the works, and subsequently did not get a completion certificate then he may be liable to upgrade to latest/current reg's.
     
  6. mikric

    mikric

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    But if no completion inspection carried out the file still stands as live, fees paid and deserves the service paid for.Would have thought would have had at least a progress letter or visit since 01 :rolleyes: We have got 20 year old files that are still works in progress, regs stand from application date ,in particular on full plans approved submissions.
     
  7. Shytalkz

    Shytalkz

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    I got a completion certificate 13 years after I started one project on my then house. :LOL:.

    All done under the regs in force at the time of the application.
     
  8. jeds

    jeds

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    If the works were inspected and it's just the final inspection and certificate outstanding there's a good chance you could resolve this by asking for a final inspection now. If not, Under the regularisation procedure the works must comply with the regulations at the time the work was carried out. It makes no difference if the works were completed or not.
     
  9. DIYnot Local

    DIYnot Local

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