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Author: Subject: New work on non compliant extension
Stot

posted on 19/4/16 at 03:15 PM Reply With Quote
New work on non compliant extension

Hi,

The collective knowledge here seems to keep me from asking questions elsewhere just by reading so hopefully you can help with this one.

We are buying a house that has a rear extension done about 5 years ago but without building control sign off. I'm not concerned about the quality or safety of the work having had relevant surveys done and not having sign off is not a problem for me in its self.

We want to make modifications to this extension that would require building control approval for the new works. Move a wall, put a kitchen in and add some large bi-fold doors.

The question is, given that the existing extension is not signed off, do I approach building control and get them to come in and just go through/inspect the new works or does this just open up a can of worms regarding the whole thing in the first place?

Cheers
Stot

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nick205

posted on 19/4/16 at 03:25 PM Reply With Quote
Having recently come very close to moving house (agreed a price on our and on the one we wanted then I ended up in hospital for quite a period so we didn't move in the end) I'd imagine your mortgage company (if you have one) and you would want some form of insurance on the extension if it's supposed to be signed off by building control. Not having that and then involving building control to make your mods sounds to me like it would open up issues with what is there already. Not something I'd want to start myself.

All that said, I'm not an expert and things may well be different than I see them!






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coozer

posted on 19/4/16 at 03:25 PM Reply With Quote
Id go to your local building inspector and talk him through it. That way youll find out how friendly/keen is on helping.

When I took the roof off and built an upstairs to my bungalow all he was interested in was the loading calculations. He came out once before the first fix glanced round the structure and nodded his head. Next time he came out was 3 years later way after it was finished when I installed a log burner and he had 'forgot' about me!

Not sure about signg off as he said all was well and the building control would be closed on the development.

Good luck!





1972 V8 Jago

1980 Z750

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Sam_68

posted on 19/4/16 at 03:26 PM Reply With Quote
quote:
Originally posted by Stot...do I approach building control and get them to come in.


Yes.

Don't compound the problem by doing further controlled works without consent.

Local Authority BCO's are usually a pretty reasonable bunch, in my experience, and will appreciate you trying to do things right. They're unlikely to cause you difficulties if they can avoid it.

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hizzi

posted on 19/4/16 at 03:28 PM Reply With Quote
i would be surprised if the bank will let you buy it without relevent planning, if its been up over five years they wont give planning but will give you a letter of comfort saying its existing development, however they will make you bring it to standard if you alter it.
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Stot

posted on 19/4/16 at 03:29 PM Reply With Quote
quote:
Originally posted by nick205
Having recently come very close to moving house (agreed a price on our and on the one we wanted then I ended up in hospital for quite a period so we didn't move in the end) I'd imagine your mortgage company (if you have one) and you would want some form of insurance on the extension if it's supposed to be signed off by building control. Not having that and then involving building control to make your mods sounds to me like it would open up issues with what is there already. Not something I'd want to start myself.

All that said, I'm not an expert and things may well be different than I see them!


I should have said that we do have indemnity insurance in place, however this becomes void once you approach building control, hence the potential apprehension in getting them in for new works.

Cheers
Stot

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nick205

posted on 19/4/16 at 04:06 PM Reply With Quote
OK I forgot the word "indemnity", but new of the benefits of having it. I was also unaware of it being void if BC get involved - makes you wonder what it actually does in practice?

As suggested above it may pay off speaking to BC first without giving addresses etc and seeing what their standpoint is on it. They may take a lenient view and approve the changes you want to make.






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motorcycle_mayhem

posted on 19/4/16 at 04:17 PM Reply With Quote
Probably the same with windows....this FENSA nonsense.. You take out indemnity insurance if there's no certificate available (building control) for any replacement windows in your pile of freshly purchased overpriced bricks. This insurance then becomes void if you make anybody aware that the windows don't have certification.
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cliftyhanger

posted on 19/4/16 at 04:50 PM Reply With Quote
Ahm, I guess the indemnity insurance is saying "don't expect to insure this for £100 and then stir up grief with BC and expect us to pay for it to be rebuilt"

If you are not asking BC to check the extension, just the new works, I doubt it will be a problem. Besides, most extensions over 10 years old wouldn't comply, most houses don't comply with current regs. Is it an issue? No, of course not. I own houses that are built with no foundations at all,. just teh solid wall is benched out. Been there 150+years, and if I wanted an extension I wouldn't be expected to underpin the house.

So as long as you are happy the extension is sound, just go ahead and get BC involved in the new work. I doubt they are interested in the bit you are worried about, they will just want what you do done correctly.

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mark chandler

posted on 19/4/16 at 04:50 PM Reply With Quote
I lived in my house for 10 years, when purchased two rooms had been knocked through which was not a problem on purchase.

When I sold the purchasers surveyors picked up on this, as a condition of the sale I had to get the bit of paper approving the work. I just filled in a form, paid the local planners I think it was £160 and they popped around and signed off.

Make it a condition of sale that the correct retrospective permission is provided, it will be needed by anyone else unless someone is buying for cash and is not bothered.

Regards Mark

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Sam_68

posted on 19/4/16 at 04:52 PM Reply With Quote
quote:
Originally posted by Stot
...this becomes void once you approach building control...


That does make a difference I must admit (and the insurance policy might just be illegal if so worded, but that's a separate issue).

But you're damned if you do, and you're damned if you don't: I'm pretty sure that you'd find the insurance would be voided if you do further controlled works without consent, too.

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Smokey mow

posted on 19/4/16 at 05:03 PM Reply With Quote
quote:
Originally posted by nick205
OK I forgot the word "indemnity", but new of the benefits of having it. I was also unaware of it being void if BC get involved - makes you wonder what it actually does in practice?

As suggested above it may pay off speaking to BC first without giving addresses etc and seeing what their standpoint is on it. They may take a lenient view and approve the changes you want to make.
indemnity insurance will typically only cover you for the legal costs associated with the LA taking you to court for building works that don't comply with the building regs. It doesn't provide any insurance for if the extension leaks, falls over or fails through substandard construction.

Given the length of time the extension has been built for it is now outside the timelimit where the LA can take enforcement action. The solicitors that sold the indemnity policy would have known this when selling the policy, but still sold the policy knowing full well that you would never need to make a claim on it.

Chances are that a building regulations application was made for the extension and there were simply some outstanding items that need to be resolved before the LA can issue the completion certificate.

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