Some advice with the building control people...

[elviobarros]

Hello,

I have just purchased a property with a conservatory that looks like it had a sliding door there at some stage but has now been removed making the conservatory open plan with the sitting room.

Building regs want to inspect the lintel supporting the door opening, when we decorated we exposd the beam and found a very sturdy looking wood beam (pictures attached).

//www.diynot.com/network/elviobarros/albums/7919

My question is, when the building control chaps pop round to inspect, can they insist that an rsj/steel beam be fitted?

Or will it be more the case of re instating the door to the conservatory to stop heat escaping??

Thoughts????

 

[noseall]

As far as b'regs are concerned a conservatory becomes an extension once the external door separating it form the dwelling is removed.

Their interest in the suitability of the lintel above suggests some historic grievance?

Building regs want to inspect the lintel supporting the door opening, when we decorated we exposed the beam and found a very sturdy looking wood beam (pictures attached

How did building control become involved with a new home owner?

 

[elviobarros]

the previous owner called them in to inspect the works and they were reluctant to open up inspection holes which resulted in non issue of a completion certificate thus me receiving an indemnity policy.

After receiving the keys to the property i have had workmen in the property decorating and removing chimney breasts and they just knocked on the door one day!

The previous owner has stated that the conservatory and opening of wall was installed in 1998 (13 years ago)

i found this legislation on various sites:-

Under section 171B (1) of the Town and Country Planning Act 1990 “where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under the land, no enforcement action may be taken after the end of the period of four years, beginning with the date on which the operations were substantially completed”.

Do you think i can play this trump card on them?

I find it a bit unfair that they are now breathing down my neck to get regularisation application in for works carried out 13 years ago.

again...any thoughts would be appreciated.

going to speak to my solicitor tomorrow with regards to the route forward with the indemnity policy.

 

[Deluks]

You are referring to planning regs, the issue here is building regs. Planning is what you build and where, building regs is about how you build it.

Depending on whats up top the beam may be adequate, but they could insist on seeing calculations to back this up.

In all honesty though it's probably not gonna be up to scratch, and replacing it would be wise whether the bco is involved or not.
Not a massive amount of work involved here, it only looks to be about 7ft.

 

[elviobarros]

Poke to my solicitor and he told me not to worry about it, the local authority can do nothing.

He stated:

The law is that the local authority are statute-barred from taking enforcement action after 4 or 5 years in respect of building regualtion approval as 10 years in respect of planning.

 

[geraldthehamster]

Poke to my solicitor and he told me not to worry about it, the local authority can do nothing.

He stated:

The law is that the local authority are statute-barred from taking enforcement action after 4 or 5 years in respect of building regualtion approval as 10 years in respect of planning.

I'd find a better solicitor. As I understand it the limit for Building Control enforcement is 12 months after completion (unless they decide it's dangerous in which case there's no limit), and for Planning it's 4 years for something built without consent, and 10 years for a planning condition that wasn't met. Unless it's changed since last I looked.

Cheers
Richard

 

[^woody^]

For building regs, there is no time limit for enforcement action relating to major structural or other work which could pose a life-safety risk.

 

[sigman]

Building Control enforcement can be taken any time up to 2 years after works are completed, unless it's deemed dangerous, or is a major threat to structural adequacy or life safety.

The enforcement periods quoted above are for 'Planning', Building Regulations are completely seperate - as per Deluks's comment above.

You may be asked to provide proof it is adequate (engineer calculations), this will only cost around £80 and will tell you whether you need a beam in or not. This should be done regardless of Building Control involvement, (if it fails you'll have a lot more to pay).

 

[geraldthehamster]

Building Control enforcement can be taken any time up to 2 years after works are completed, unless it's deemed dangerous, or is a major threat to structural adequacy or life safety.

Correct me if I'm wrong, but if anyone is taken to court under Section 35 (2 year limit) it's usually the builder; but an enforcement notice given to the owner under Section 36 has a 12 month time limit after completion.

Cheers
Richard

 

[sigman]

Building Control enforcement can be taken any time up to 2 years after works are completed, unless it's deemed dangerous, or is a major threat to structural adequacy or life safety.

Correct me if I'm wrong, but if anyone is taken to court under Section 35 (2 year limit) it's usually the builder; but an enforcement notice given to the owner under Section 36 has a 12 month time limit after completion.

Cheers
Richard

Like I said, enforcement can be taken any time up to two years after the contravention, section 35 of the building act 1984 is a methoed of enforcement, it was revised in September 2008 to extend the time limit to 2 years as the previous 2 year limit only applied to regulation 22a prior to this date. A section 35 notice can be served on anyone, it's a matter of opinion as to who is 'likely' to have it served on them.

My initial opinion is therefore accurate.

I apologise to those having to read this lengthy, geeky explanation, but I felt it necessary after having my comment questioned by someone to whome I was not speaking to in the first place.

 

[geraldthehamster]

Building Control enforcement can be taken any time up to 2 years after works are completed, unless it's deemed dangerous, or is a major threat to structural adequacy or life safety.

Correct me if I'm wrong, but if anyone is taken to court under Section 35 (2 year limit) it's usually the builder; but an enforcement notice given to the owner under Section 36 has a 12 month time limit after completion.

Cheers
Richard

Like I said, enforcement can be taken any time up to two years after the contravention, section 35 of the building act 1984 is a methoed of enforcement, it was revised in September 2008 to extend the time limit to 2 years as the previous 2 year limit only applied to regulation 22a prior to this date. A section 35 notice can be served on anyone, it's a matter of opinion as to who is 'likely' to have it served on them.

My initial opinion is therefore accurate.

I apologise to those having to read this lengthy, geeky explanation, but I felt it necessary after having my comment questioned by someone to whome I was not speaking to in the first place.

Oo get her.

Cheers
Richard