1. Visiting from the US? Why not try DIYnot.US instead? Click here to continue to DIYnot.US.
    Dismiss Notice

What constitutes 'building commencement'?

Discussion in 'General Discussion' started by Macaroni11, 9 Aug 2020.

  1. Macaroni11

    Macaroni11

    Joined:
    9 Aug 2020
    Messages:
    4
    Thanks Received:
    0
    Country:
    United Kingdom
    I know it sounds self explanatory, but are there ways to 'commence' building works in a very small way?

    here's the situation: we live in a terraced house, been waiting to build our approved two storey extension for over a year. We are having delays due to one side who won't sign a party wall agreement because they are contesting land ownership and this needs to be sorted out before we can start, plus lockdown hasn't helped.

    BUT on the other side (which wasn't easy either), we have a party wall agreement which was agreed last year, but it runs out soon, October.

    We want to avoid having to go through this again and pay all that money to get a new agreement on that side.

    Hence my question. Until the problem side is sorted, is there any way we can 'start' something on the agreed side, which would be enough to say we have started the build and not lose our party wall agreement? We did get 2 trial holes dug out before to investigate foundations, but they have been there for about 1.5 year and so I can't imagine that will count as 'building' commencement'.
     
  2. Sponsored Links
  3. Keithmac

    Keithmac

    Joined:
    10 Oct 2017
    Messages:
    1,633
    Thanks Received:
    262
    Country:
    United Kingdom
    I believe you have to have foundations laid but could be wrong.
     
  4. HERTS P&D

    HERTS P&D

    Joined:
    9 Apr 2010
    Messages:
    10,789
    Thanks Received:
    1,613
    Location:
    Hertfordshire
    Country:
    United Kingdom
    A material operation is defined in the Act and can include any works of construction, demolition, digging foundations, laying out or constructing a road and a material change in the use of the land.

    In practice, very minor works are sufficient to commence a planning permission. These may include pegging out a road or piling. However, care must be taken to ensure that the works reflect what has actually been approved by the planning permission.

    Andy
     
  5. Macaroni11

    Macaroni11

    Joined:
    9 Aug 2020
    Messages:
    4
    Thanks Received:
    0
    Country:
    United Kingdom
    Hi Daniel Craig, wow :) lol.
    The build wouldn't involve a road as the extension is at the back of the house into what is presently the patio area..
    We still need to live here until the other side is sorted which could take many months... any suggestions?
     
  6. HERTS P&D

    HERTS P&D

    Joined:
    9 Apr 2010
    Messages:
    10,789
    Thanks Received:
    1,613
    Location:
    Hertfordshire
    Country:
    United Kingdom
    • Thanks Thanks x 1
  7. Macaroni11

    Macaroni11

    Joined:
    9 Aug 2020
    Messages:
    4
    Thanks Received:
    0
    Country:
    United Kingdom
    ah ok, thanks. The planning permission actually expires a year from now, it's the party wall agreement that expires soon, but i guess it makes no difference...?
     
  8. fillyboy

    fillyboy

    Joined:
    2 Jul 2019
    Messages:
    4,346
    Thanks Received:
    368
    Location:
    cornwall
    Country:
    United Kingdom
    Personally, I've never started a job until I've been given a nice cup of tea.
     
    • Like Like x 2
  9. Sponsored Links
  10. Mottie

    Mottie

    Joined:
    27 Feb 2017
    Messages:
    10,015
    Thanks Received:
    1,266
    Location:
    Essexshire
    Country:
    United Kingdom
    The planning permission for a 3 bed house on my workshop site expires in October too although I did read that a six month extension has been agreed by the local borough because of Covid. OP, it might be worth checking whether yours do the same. Anyway, I was planning to do a 'technical start' to keep the permission open but I received a letter a few weeks ago stating that as soon as I commence the start of building, a CIL (community infrastructure levy) of over £7k is payable so I think I’ll let it expire and apply again when I’m thinking of selling. :whistle:
     
    • Thanks Thanks x 1
  11. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    30,068
    Thanks Received:
    3,918
    Location:
    West Mids
    Country:
    United Kingdom
    To commence, you can have a bag of sand delivered under contract, or phone building control and say "I've started" under building regulations, or carry out some significant works under planning law.

    Take your pick - although that does not count as commencement.
     
    • Thanks Thanks x 1
  12. Doug99

    Doug99

    Joined:
    14 Jan 2005
    Messages:
    1,202
    Thanks Received:
    101
    Location:
    Glamorgan
    Country:
    United Kingdom
    In South Wales, a private company had limited planning permission for the Swansea Tidal Lagoon. The PP was valid for 5 years and just a couple of weeks before expiry, they knocked down a couple of walls to signify a start of work, but they have been told it was not good enough and the PP had expired.
     
  13. Macaroni11

    Macaroni11

    Joined:
    9 Aug 2020
    Messages:
    4
    Thanks Received:
    0
    Country:
    United Kingdom
    Thanks Woody

    Ok...... i'm not sure what you mean 'that does not count as commencement'? the bag of sand under contract or the phone call, or both lol?!
     
  14. ^woody^

    ^woody^

    Joined:
    3 Sep 2006
    Messages:
    30,068
    Thanks Received:
    3,918
    Location:
    West Mids
    Country:
    United Kingdom
    Taking a pick.:rolleyes:
     
  15. durhamplumber

    durhamplumber

    Joined:
    23 May 2010
    Messages:
    12,206
    Thanks Received:
    548
    Location:
    Durham
    Country:
    United Kingdom
    Yip..Start digging....with a tea spoon.
     
Loading...

Share This Page