Longtime lurker here with my first post.
We are converting and extending a garage to form a dwelling, we are only retaining the footings and ground floor slab of the garage.
My interpretation of the building regulations is that:
5. For the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for the purposes of these
Regulations, there is a material change of use where there is a change in the purposes for which or
the circumstances in which a building is used, so that after that change—
(a) the building is used as a dwelling, where previously it was not;
I know of no legislation or regulations that specify how much of the original building/structure must be retained.
Building control have advised that they are treating it as a new build because I have reduced the original structure to slab level and as such I have to comply with new build regulations and all that that entails.
Are they correct? Is there some legislation that I am unaware of?
What makes this all the more frustrating is that I checked verbally over the phone how they would treat the application ie new build or material change of use before I did the design to be told by them it was material change of use.
It took them 8 weeks after I deposited the plans to advise me and we had already started on site and are up the slab level.
I have written and complained stating my case but they are unmoved so now I've had to close site while I sort the SAP calculations and see if I can make it work as a new build (I have a lot of glass in the design) within my budget.
I'd appreciate some views if anyone out there understands how to interpret the building regs correctly.
Thanks
We are converting and extending a garage to form a dwelling, we are only retaining the footings and ground floor slab of the garage.
My interpretation of the building regulations is that:
5. For the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for the purposes of these
Regulations, there is a material change of use where there is a change in the purposes for which or
the circumstances in which a building is used, so that after that change—
(a) the building is used as a dwelling, where previously it was not;
I know of no legislation or regulations that specify how much of the original building/structure must be retained.
Building control have advised that they are treating it as a new build because I have reduced the original structure to slab level and as such I have to comply with new build regulations and all that that entails.
Are they correct? Is there some legislation that I am unaware of?
What makes this all the more frustrating is that I checked verbally over the phone how they would treat the application ie new build or material change of use before I did the design to be told by them it was material change of use.
It took them 8 weeks after I deposited the plans to advise me and we had already started on site and are up the slab level.
I have written and complained stating my case but they are unmoved so now I've had to close site while I sort the SAP calculations and see if I can make it work as a new build (I have a lot of glass in the design) within my budget.
I'd appreciate some views if anyone out there understands how to interpret the building regs correctly.
Thanks