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kandgmitchell

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Everything posted by kandgmitchell

  1. Deejay - you do have a little longer. Assuming you either deposited plans with a local authority or gave an Initial Notice to a local authority via an Approved Inspector prior to the 15th June 2022 then you have until June 15th 2023 to commence work on the building in order to avoid compliance with the post June 2022 revisions to the Bldg Regs.
  2. Not at all sure this will apply to self builders. Section 144 which imposes new building warranties starts with, "this section applies where a person (the developer) carries out a development in England that results in the creation of one or more dwellings" Paragraph 6 then effectively defines "carries out a development" as construction of a building with a view to "granting of or disposing of relevant interests in one or more dwellings" i.e selling the dwelling on to a purchaser. It appears therefore that if you are not building the dwelling with a view to selling it to a third party then there is no statutory obligation to obtain a warranty. I presume that will not prevent you selliing it on in the future once you have lived in it. How long the gap would have to be will only be tested should a case get to court. I would have thought the secretary of state would be unlikely to pursue an individual in the first place and then only if they could "beyond reasonable doubt" show you had no reasonable excuse to sell on without a warranty. I'd say if you've lived in it a year, hate the area or divorce the partner and decide to sell up the SofS isn't going to come after you!
  3. I think you will find the explanation for the refusal of the change to the garages in the officer's report on the file. It seems you were seeking to change the description of the planning permission (which included demolition of the garages) using a Section 73 application to change conditions on that permission. That can't be done and the courts have ruled on this. It seems you have fallen foul of administrative rules rather than a dislike of your proposal. If I recall (I looked at the files some days ago) the officer goes on to suggest the route to take to get to where you want to be. Just because you have large extensions approved, your PD rights will not be erased but they may be affected. Often it makes sense to carry out PD projects before implementing an approved scheme. If you don't, then be cautious and read the Permitted Development rules carefully as they often refer to the original dwelling as a baseline for locations and dimensions - not the dwelling as extended.
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