Removed stud wall without permissions - is this a problem?

[timlondon]

Hello,

Help/ advice much appreciated...
I bought my house freehold 9 years ago. At the time we paid someone to remove a non-load bearing wall (basically a stud wall in a hallway). We did this without any permissions/ consent because we didn't think this was required. Is this wrong?

We're now looking to sell and need to know what if anything to do or what our options are.

All help and thoughts appreciated.

 

[freddiemercurystwin]

Is the kitchen still separated from the hallway by a door?

 

[timlondon]

Hi,
It's upstairs in the hallways between bedrooms/ bathroom.

But you've raised another point - there was a door between the kitchen and lounge that isn't there - is this an issue?

 

[cjard]

Is it not there because it's permanently open now, or because it was bricked up? It's potentially a problem for reasons of spread of fire in certain situations. If the kitchen is now directly connected to the hall without any door barrier, and the hall and stairs are the only exit route from the house then you may have a problem (unprotected stair) that a surveyor could pick up on: If you have first floor windows under 4.5m above ground level with no egress capability, or if you have a floor over 4.5m above ground level in your house then the stairway has to be "protected" - the kitchen is where most fires start, and there has to be a 30 minute fire door between it and the stairs. There isn't a requirement for a door between kitchen and lounge because though the lounge is habitable, it is reasonable to expect that people using it would be awake and alert to the presence of a fire

I don't think permission is required for the stud wall removal, but FMT's angle is that it may have needed building regulations approval. However, if it's been gone for 9 years and there is no evidence that it was ever there other than in your memory I wouldn't worry about it

 

[timlondon]

Thanks for your reply - I really am grateful.

It's an 1870 two story terrace. I've tried to attach an image below to describe the layout: there's a small entrance lobby opening into a large lounge. The kitchen is at the back of the house and the door between kitchen and lounge has been taken away. A fire in the kitchen would not obstruct an escape route down the stairs and out the front door.

There are stairs from the lounge to the first floor. The ceilings are low so it's under the 4 metres you mention.

View media item 76487

 

[cjard]

the diagram as drawn shows that the stairs are connected to the kitchen which isn't great for smoke travel purposes.. that said, the stairway doesn't need to be a protected one provided that every room (excl bathroom) upstairs has a window that when fully open has an opening larger than .33 sqm. that is to say, the mm width of the open window hole (that you climb out of) multiplied by the mm height must be a number greater than 330,000. if any rooms have ensuites or share a window it must be possible to travel from one room to another without using the hallway

 

[timlondon]

Thank you again. Am I right in my reading of this that, if I'm asked for evidence of the relevant permissions, I can correctly say it's not applicable?

 

[cjard]

while potentially offputting to prospective buyers if the surveyor mentions it, based on what you have disclosed so far there isn't anything to indicate the house is in violation of the regs for reasons of fire safety. you haven't offered comment or description of the upper floor nor a description of the outside areas, of course, so there may be something else that you fall foul of. while you can't be subject to any proceedings from the council for violation of the regs, you may find a purchaser's solicitor starts creating a nuisance by asking for things you cannot provide (if they come to know about any alterations). In this case you'll need to make the call as to whether this purchaser is your only prospect (in which case you apply for the relevant regularisation) or tell them if they don't want it, to **** off and buy someone else's house

 

[pedantician]

Hi Tim

First, to clarify, planning permission definitely wouldn't have been required. If the building is/was listed then Listed Building Consent would have been required, but I assume this is not the case.

Removal of the first floor partition wouldn't have needed building regulations approval, unless it had an adverse effect on the means of escape. It is not possible to work this out from the info you have provided so far, but it would only really be a problem if a habitable room is accessed from another one where previously it didn't.

The removal of the kitchen door could be argued to be a "material alteration" ie one that requires approval, because it has made the means of escape slightly worse. But, as the living room was already open to the staircase, it would be a bit harsh for the local authority to take that view.

Building regulations enforcement is generally limited to 12 months from the date of the breach. The Building Act does allow the LA (or any other person!) to apply for an injunction to get non-complying work put right, but this is only rarely used and for matters of extreme life safety. Can't guarantee 100% this would not happen, but extremely unlikely. In my 20 years in building control I have not seen it done.

If it was my house I would do nothing. If the purchaser's surveyor or solicitor raises either issue, you could email the local building control dept and ask them to confirm that building regulations approval was not required and also that enforcement action will not be taken. Or, as cjard suggests, politely suggest that they find another house!!

Hope that helps.

(I am an ex-building control surveyor btw)

 

[freddiemercurystwin]

you could email the local building control dept and ask them to confirm that building regulations approval was not required and also that enforcement action will not be taken.

 

[jamesnewhere]

Hi,i am in also selling a property and you will be asked to fill in a form and you will be asked about removal of walls during your period of ownership.

google search for the form called.

Law Society Property Information Form.

Best of luck.