Cornish Style 1 PRC Repair

[damian_mac]

We are in the process of selling my deceased grandfather's house. It's an old Cornish PRC property and we've had the repairs done by an approved, experienced contractor. We have been issued with the certificate that says it has all been done to regulations.

The sale of the property is on the verge of collapse due to the buyers solicitor insisting that we need to provide evidence that we have planning permission or that planning permission wasn't required. They are saying the works do not fall within permitted development.

According to the contractor the repair hasn't altered the footprint in any way or the building line, and in 15 years he's never been asked to submit a planning application for a PRC repair.

We've been harassing the local council every day via phone and email, but we can't seem to find anyone who who will confirm the repair doesn't require permission. The best advice they seem to be able to offer is that if we want planning permission we can apply for it retrospectively!

I'm trying to find some kind of legislation or guidance in relation to this and I can't find anything that specifically related to PRC repairs.

The planning portal says for external walls you do not need planning permission for repairs, maintenance or minor improvements such as painting. There is no question that this is repair work, but then it isn't something minor, it's actually quite a big job.

I'm thinking that this is simply classed as 'building work', I've looked at The Building Regulations 2010 Part 2 regulation 3 which seems to describe the make-good work we've had done to the external walls.

Is there any way I can prove that this type of repair doesn't require planning permission?

Thanks

 

[tony1851]

It depends;

If it has been repaired on a like-for-like basis, even if the repairs are substantial, that would not need planning permission;

If the house has been repaired by re-cladding, then the new cladding should look not dissimilar to the original finish for it to be permitted development eg if it is a semi and you have re-clad in brick, then technically that would not be permitted development
and would need planning permission.

However, if at the same time it has had external wall insulation added below the cladding in addition to the structural repairs, that would be permitted development regardless of the appearance of the cladding finish.

 

[damian_mac]

The repair that has been done is exactly the same as this http://www.prc-repair.co.uk/cornish/ so I think that matches your second description with the insulation added.

I am fairly sure this is permitted development but where do you find the guidelines you refer to?

 

[^woody^]

Give the Solicitor the PD technical guidance document and tell them to do their job.

Or instruct a surveyor or planning consultant to write you a letter/one page report explaining things.

 

[tony1851]

The repair that has been done is exactly the same as this http://www.prc-repair.co.uk/cornish/ so I think that matches your second description with the insulation added.

I am fairly sure this is permitted development but where do you find the guidelines you refer to?

Try this;

https://www.google.co.uk/search?q=DCLG+Technical+Guidance&ie=utf-8&oe=utf-8&client=firefox-b&gfe

or if it doesn't work, just google 'DCLG Technical Guidance'; the latest edition is 2016 IIRC, and look on p32.

 

[damian_mac]

Try this;

https://www.google.co.uk/search?q=DCLG+Technical+Guidance&ie=utf-8&oe=utf-8&client=firefox-b&gfe

or if it doesn't work, just google 'DCLG Technical Guidance'; the latest edition is 2016 IIRC, and look on p32.

That is the exact document I referred their solicitors to!

I've asked them if they think the repairs violate any of the guidelines under class A then would they be kind enough to state which?

So do you guys think this is a strong enough argument and it's fairly clear cut then?

 

[tony1851]

It's all in there, but the solicitor probably won't be arsed to read through it. Instead, he'll take the easy route and just tell his client that you should apply for a LDC 'just to be sure'- at your expense of course (and a 6 - 8 week delay while the council try and get their heads around it).

 

[wessex101]

OP starts of asking about Planning and throws in Building Regulations in the last paragraph.

As I understand it under Planning this type of PRC rebuild falls into one of the many grey areas. Some councils insist on a planning permission some do not, hence why the OP's council seems unsure but go to the default position of "if in doubt submit an application"

As for Building Regulations it definitely would have needed an application.

I think part of the problem is it is described as a PRC Repair but it is in fact a rebuild with entirely new external walls, usually changing from precast concrete panels to facing brick.

It probably boils down to how long ago the work was done as to likelihood of enforcement action from the local authority.

 

[tony1851]

This is one of those points on which DCLG should give some proper guidance.

 

[damian_mac]

OP starts of asking about Planning and throws in Building Regulations in the last paragraph.

What's the problem with that? thought it was clear - the work has been done to regulations and we've got the certificate in respect to that. Planning office been and inspected the site more than once throughout the repair.

Buyers solicitor is asking us to prove planning permission wasn't required, not building regs. reason I mention building regs in the last paragraph is because my thoughts are surely this is covered by building regs and classed as building work rather than development.

also local council planning application portal contains zero planning applications for PRC repair and over 200 building reg applications for PRC repairs (one of which is ours)

 

[wessex101]

What's the problem with that? thought it was clear - the work has been done to regulations and we've got the certificate in respect to that. Planning office been and inspected the site more than once throughout the repair.

Buyers solicitor is asking us to prove planning permission wasn't required, not building regs. reason I mention building regs in the last paragraph is because my thoughts are surely this is covered by building regs and classed as building work rather than development.

also local council planning application portal contains zero planning applications for PRC repair and over 200 building reg applications for PRC repairs (one of which is ours)

I didn't say it was a problem, I was just trying to separate the two issues as you quite rightly say they are are 2 completely different things. But then you go on to say"Planning Office" been out and inspected the site more than once throughout the repair. It gets a bit confusing for those of us with little brains.

 

[tony1851]

But then you go on to say"Planning Office" been out

I can see both sides of this; although 'planning' and 'building regs' are of course completely separate issues, nowadays, many building control departments have been merged with planning depts and share the same office.
In several of our localities, the number you ring is the planning dept, and they then put us through to the building control team; understandably, sometimes confusing for lay persons.