Building Regs - Project?

[Munzz]

Hi All,

2 years back we had a wall knocked down in our kitchen to merge the dining room and kitchen together, as well as had our integral garage partly blocked up and a window put in place.

We had a builder complete this work. All of it has been done under permitted development.

The wall was pulled down, RSJ put in place and room decorated, job done. The garage has had the garage door half blocked up and a window in place. However, the conversion has stalled due to funds, so as it stands we still have a typical “garage”.

Now, our builder and the building control people have said they cannot sign it all off as the garage conversion has not been completed, fair enough. Apparently the kitchen and dining knock through falls under the same “project” so even that can’t be signed off.

They have provided a “letter of reassurance” which basically says everything completed so far is good and they can sign off once the garage is converted.

Does this sound right?

 

[frutbunn]

Yeah, they can't issue a completion certificate as the scheme has not been completed in its entirety, however a letter just confirms that the work to date is Ok. There is nothing particularly unusual about this situation. I've done loads of these letters over the years.

 

[Munzz]

Yeah, they can't issue a completion certificate as the scheme has not been completed in its entirety, however a letter just confirms that the work to date is Ok. There is nothing particularly unusual about this situation. I've done loads of these letters over the years.

Great, I really appreciate your response. If I was to sell up, would this cause any issues?

 

[^woody^]

Yes, but can it be occupied and used in the unfinished state? Is fire safety compromised?

What about insurance implications for part finished works?

What are they actual reassuring?

 

[Munzz]

Yes, but can it be occupied and used in the unfinished state? Is fire safety compromised?

What about insurance implications for part finished works?

What are they actual reassuring?

It’s an empty shell at the moment. The windows had to have some sort of grills at the top to satisfy the regs? There is also a smoke detector.

Unsure about insurance implications. They’re basically saying “so far so good”.

 

[frutbunn]

Great, I really appreciate your response. If I was to sell up, would this cause any issues?

I've issued these letters as peopled were selling, remortaging etc as far as I know this has always been acceptable, I've certainly not had any feedback to the contrary.

Yes, but can it be occupied and used in the unfinished state? Is fire safety compromised?

I assume you have completed the kitchen and BC are OK with that, the garage presumably is unoccupied and not being used as yet, although this is technically NOT a change of use in any case and BC are only concerned with any alterations.
Woody will as usual tell me wrongly it is a change of use even though he is still unable to show me where this is stated in the statutory instrument.

 

[Munzz]

Kitchen is done and finished, but as it’s all under the same project they won’t sign it off until the garage is done. Does that make sense!?

 

[frutbunn]

Kitchen is done and finished, but as it’s all under the same project they won’t sign it off until the garage is done. Does that make sense!?

That's what I thought, its cropped up on numerous occasions but as far as i know a letter confirming a part completion has been accepted, or at least no has ever given me feedback to the contrary.

 

[Munzz]

That's what I thought, its cropped up on numerous occasions but as far as i know a letter confirming a part completion has been accepted, or at least no has ever given me feedback to the contrary.

Thanks for confirming, much appreciated.

 

[^woody^]

Unsure about insurance implications

Then you might want to find out.

Being quoted and paying say £200 for home or contents insurance is based on the whole property being up to a defined standard and no "unauthorised" or incomplete building works. If there are then the risk is different and so will the premium be. And the insurers may well be within their rights to not pay out if the risk was greater than what the premium was based on.

Now is this "letter of reassurance" actually part of the Building Act or Regulations process? If not it carries no weight and it's worth Jack.

The Act is quite specific on when works can be occupied and used. When they are complete, when they are authorised and when they are lawful. No made up letter changes that.

 

[Munzz]

Then you might want to find out.

Being quoted and paying say £200 for home or contents insurance is based on the whole property being up to a defined standard and no "unauthorised" or incomplete building works. If there are then the risk is different and so will the premium be. And the insurers may well be within their rights to not pay out if the risk was greater than what the premium was based on.

Now is this "letter of reassurance" actually part of the Building Act or Regulations process? If not it carries no weight and it's worth Jack.

The Act is quite specific on when works can be occupied and used. When they are complete, when they are authorised and when they are lawful. No made up letter changes that.

Thanks Woody. If I was to sell up then, what would you suggest I do/change? Is there a process for this sort of thing?

 

[^woody^]

There is nothing wrong in selling a part complete property, basically it's just a case of reflecting the condition in the price, and then you just pass the responsibility and risk to the new owner.

In that case, that "letter of reassurance", tenuous as it is, can be used as an attempt at some sort of evidence that the work meets some sort of standard. But buyers, their surveyors and their legal advisors wil be very wary and hesitant to accept anything not 100% official, lawful, and arse-covering.

But, you (seller) are at a massive disadvantage as a buyer's surveyor may not agree on the condition of the works, its quality or suitability and the surveyor is unlikely to certify any work that he knows nothing about. Basically he will just want to cover his own arse in caveats. Therefore if it does not put the potential buyer off, it gives them potential to require a hefty discount (if not already included in the asking price) to reflect their risk.

Take the advice of a few estate agents. It's not an unusual situation.

 

[Munzz]

Woody - Appreciate your time and thorough responses, really kind of you.

 

[^woody^]

Just a thought .. you could potentially change the application just to cover the completed works and then that can be signed off as complete.

Now this may or may not help the situation as there is still incomplete works to the garage, but at least that wont be formally incomplete under building regs

If need be, you could de-convert the garage so that b/regs wont apply to it. Ask your inspector what would need to be done to achieve this

If only there was a BCO or someone who had done this 1,00,000's of times and could advise

But the thing is, don't stress about it, its not uncommon. The main thing for now is to check with your insurers to make sure you are properly covered.

 

[frutbunn]

Please note the following does not apply to buildings covered by the RRO. ie commercial buildings etc.
Just to clarify a few things the mandatory issuing of a completion certificate as required in the Building Regs is relatively new and was only introduced in 1992, for the previous 146 years there was no such requirement (How on earth did we manage without them before!! Woody??). The circumstances under which the issuing of a completion certificate is mandatory is actually quite limited, that is: it must be for a full plan app, it must be requested at the time the app is submitted and only if a completion inspection has been requested with the requisite notice to the LA. So effectively it is not mandatory for building notices, or if not requested at the time of a full plans submission or if the work is found to be complete on a progress visit.
A certificate may be issued if part of the work is occupied and appears satisfactory, effectively a "part" completion.
Providing the OP has submitted a full plans app and requested a completion cert at the time of submission and requested a completion inspection of the kitchen part of the work then the LA are legally obliged to forward a "part" completion cert.
To the OP don't get to hung up, a letter or a formal certificate confirming that part of the work is complete both have the same legal standing, they are effectively the same thing.
As for the garage. it is simply work still in progress there is no time limit on completing the works. As it is not a change of use, the B Regs that can be applied are also very limited, invariably though a conversion involves carrying out some alterations that will require B Regs.
Woody instead of disagreeing why not show me the category of change of use you believe applies? for reference its Reg. 5
https://www.legislation.gov.uk/uksi/2010/2214/regulation/5/made