Building Regs Classification of a Conservatory

[tony1851]

OP should not have advised Building Control, and should not have sent in a Building Notice.
If the council believes it is not exempt, it is up to them to take action (which they won't) as the official guidance is just that - guidance - and not law.
The 'problem-selling-the-house' line is another one they trundle out but it's irrelevant. After a very short time (12 months) any contravention becomes immune from enforcement.

 

[drpepe]

will the status of the conservatory be subject to future checks when coming to sell the property??

That's a slightly different question. There could be no comeback from BC at that stage. You *might* find an over-zealous buyer's legal executive asking if it had BR approval. The usual way to satisfy that is to take out a useless indemnity policy, which isn't expensive.

cheers
Richard

Presumably now that the OP has spoken to building control he won't be able to purchase an indemnity.

 

[geraldthehamster]

Presumably now that the OP has spoken to building control he won't be able to purchase an indemnity.

Good point.

Cheers
Richard

 

[aledzack]

OP should not have advised Building Control, and should not have sent in a Building Notice.
If the council believes it is not exempt, it is up to them to take action (which they won't) as the official guidance is just that - guidance - and not law.
The 'problem-selling-the-house' line is another one they trundle out but it's irrelevant. After a very short time (12 months) any contravention becomes immune from enforcement.

With the benefot of hindsight Tony!

Lesson learned is to research these things more thoroughly in future...

 

[roythegrass]

...... After a very short time (12 months) any contravention becomes immune from enforcement.

Is this true ? What is the authority for this ? It would suggest that say the house central heating can be extended into an exempt conservatory after 12 months.
(I'm NOT criticising the comment, but genuinely want to know why a contravention cannot be pursued by the LA after 12 months.)

 

[geraldthehamster]

...... After a very short time (12 months) any contravention becomes immune from enforcement.

Is this true ? What is the authority for this ? It would suggest that say the house central heating can be extended into an exempt conservatory after 12 months.
(I'm NOT criticising the comment, but genuinely want to know why a contravention cannot be pursued by the LA after 12 months.)

If building regulations are contravened, a local authority can serve the homeowner with an enforcement notice under section 36 of the Building Act 1984. This must be served within 12 months of the date of completion of the infringing building work.

Less commonly, there is also a provision to prosecute under section 35, such action usually being taken against the builder. The time limit for this is two years.

I deduce from this that if you introduced the house heating system into an exempt conservatory, the conservatory would technically cease to be exempt, and the LA would then have 12 month to detect the breach and serve an enforcement notice. Obviously they have no way to know, and this happens all the time.

Cheers
Richard

 

[roythegrass]

Thanks for that Richard , most informative.
Upon visiting my LA Building Control I have tried to discuss matters but they insist –verbally- that IF the conservatory comes within permitted development the building regs will not apply and a site visit is not possible. However my research indicates that if say the central heating were extended into the conservatory and the existing patio doors removed then this would be in breach of Regulation 21 of the Building Regulations (sections 3.15 and 3.16 ‘conservation of fuel and power in existing dwellings’ referred to earlier in these posts) So my interpretation is that any aspect of an exempt building that contravenes the exemption is subject to building regs.
Further, the guidance for “Further work on an exempt conservatory or porch” in the 30th July 2013 document from the Department for Communities and Local Government appears, prima facie, to fail to mention the 12 month rule in the Building Act and to that extent is misleading.
A cynic would leave the patio doors in place and the piping to an intended radiator temporally hidden for a year ! (Notwithstanding possible issues when the house is sold)
Roy

 

[geraldthehamster]

If Building Control are insisting on *not* visiting your conservatory, then I'd say that was a result

Cheers
Richard

 

[Nakajo]

If you can understand Regulation 21(1), then you are way ahead. By the time I get to Paragraph 3, I have no idea whether I'm dealing with the rule, or the exemption!

 

[JohnD]

I would definitely avoid a company called Refresh Conservatory Roofs.