Time limit and scope of notified work

[BrotherKennyH]

I am just wondering if there is a time limit on completing work notified to the building control department?
Basically as there are standard fees regardless of how extensive the work is (so I am told) I was thinking about putting everything I might want to do on one notice. I can then have them inspect and test at the relevant stage of each job.
Is there anythign stopping me doing this?

Cheers

Kenny

 

[ban-all-sheds]

Ask them

But I expect the thing stopping you will be the fact that they not only now can, they now must, charge for each and every visit.

 

[Paul_C]

Searching on the terms "month" and "year" in the Building Regulations 2010 suggests that the only time limit is for the commencement of the work notified. From regulation 13:

(5) A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority, unless before the expiry of that period—

(a) the building work to which the notice related was commenced;

http://www.legislation.gov.uk/uksi/2010/2214/made

So it would appear that so long as you start to do something on the list of notified works within 3 years of submitting the notice, you can then take as long as you like to finish the work without the official validity of that notice expiring.

 

[ban-all-sheds]

It's not the validity of the approval which is the problem, it's this:

I can then have them inspect and test at the relevant stage of each job.

I suspect they may well charge per visit.

 

[Paul_C]

Why would you want multiple visits? Just notify completion when the whole lot is done as per regulation 16, then get it all inspected in one go.

 

[ban-all-sheds]

Whether you want multiple visits is irrelevant.

See Regulation 45.

As I said - Kenny needs to ask his LABC what they are happy with.

 

[Paul_C]

Are you combining regulation 45 with regulation 33 of the Building Act relating to charging for testing? Has regulation 33 (which was a provision yet to be enacted at the time) actually come into effect now? (The links on the official website for pending changes to the Building Act all seem to be haywire and going to revisions to a completely different statute.)

 

[ban-all-sheds]

I think Section 33 has always been there.

There is a proposed change, but I've not looked to see what it is.

And there's also this: http://www.legislation.gov.uk/uksi/2010/404/contents/made

 

[mbga9pgf]

How about you just dont bother? I dont see many people getting "done" for not notifying?

Seems like a job creation scheme for local trade. If they want to inspect, they are more than welcome. I wont be paying them for the priveledge.

 

[Paul_C]

I think Section 33 has always been there.

I thought that was the section which had been written into the Building Act but which had not been "commenced" yet? I'm sure it was section 33 which was referred to in that circular to LABC's from the ODPM's office a few years ago telling them that they weren't allowed to try and make a separate testing and inspection charge.

And there's also this: http://www.legislation.gov.uk/uksi/2010/404/contents/made[/QUOTE]

I found that while trying to find anything about a recent change, but regulation 5 which sets out the functions for which a charge may be made does not seem to include separate testing specifically. It refers to the plan & inspection charges, but the latter is surely the set fee as published in the normal LABC schedule of charges?

How about you just dont bother?

That would be my choice, of course!

Alternatively, if somebody really wants or has some need to get a certificate for everything when it's all done but the local authority wants to try and extort multiple testing charges for work which is spread over three of four years, you could always just do the bulk of the work over that period without notifying, then just notify a couple of months before finishing the last job and get it all inspected then. Nobody's going to know that you didn't do it all in that couple of months, unless they're poking around in the meantime for some other reason.

 

[ban-all-sheds]

I thought that was the section which had been written into the Building Act but which had not been "commenced" yet? I'm sure it was section 33 which was referred to in that circular to LABC's from the ODPM's office a few years ago telling them that they weren't allowed to try and make a separate testing and inspection charge.

I remember that, and of course it's disappeared/been moved/been hidden.

Thanks to the Wayback Machine:

There have been reports that some local authorities are asking householders to have electrical installation work inspected, tested and certificated by someone other than the person carrying out the work. Section 33(2) of the Building Act 1984 (which would give power to local authorities to require persons carrying out building work to carry out such reasonable tests, at the person's expense, of or in connection with the work for the purpose of enabling local authorities to ascertain whether the work complies with the requirements of the Regulations) has not been commenced. This means in our opinion that local authorities do not have the power to require householders to retain an electrician to test and certificate the work in accordance with BS 7671. Local authorities which have adopted such a practice should discontinue it immediately.

So it was one specific part of Section 33, which may or may not now have been commenced, and may or may not be the subject of the proposed changes anyway.

But in any event it doesn't seem relevant to what an LABC may/must charge for multiple inspection visits, if that's what is needed.

I found that while trying to find anything about a recent change, but regulation 5 which sets out the functions for which a charge may be made does not seem to include separate testing specifically. It refers to the plan & inspection charges, but the latter is surely the set fee as published in the normal LABC schedule of charges?

But it may be set with the expectation of a normal amount of inspection work - if they are made to come out multiple times, then given that they are required by law to cover their costs they may have to levy multiple charges.

How about you just dont bother?

That would be my choice, of course!

And a choice which is open to Kenny, but it does look as though what he wants to do is to not not bother.

Alternatively, if somebody really wants or has some need to get a certificate for everything when it's all done but the local authority wants to try and extort multiple testing charges for work which is spread over three of four years,

If somebody wants them to make several visits, and carry out several inspections and testings, over a period of several years, it is not extortion for them to want to levy several charges.

you could always just do the bulk of the work over that period without notifying, then just notify a couple of months before finishing the last job and get it all inspected then.

And what if Kenny is relying on them to know that what he did was OK? (Not that he should, of course, but that's a separate issue) Not energise it for 3 or 4 years?

What if they, or their agent, wants to inspect at first fix - leave it all unfinished, or uncovered/not made good for 3-4 years?

As I said, Kenny needs to discuss his ideas with his LABC. Whatever you might think of them, I think that in reality you'll find they are ordinary people, and their preparations for going to work include the normal 3 S's and breakfast, not polishing their jackboots, and it's looking for their car keys which holds them up on leaving the house, not looking for their length of rubber hose.