Building Control Application Rejeted

[Tar]

I have submitted Full Plan application to Hillingdon Building Control for approval. When I submitted the application I have given the consent that they can take up to 8 week for decision if they required more information and can also approve with condition.

 

After 5 weeks I got a call from building control serveryor and was asking for tree serveryor. There are no such a big tree in my house but there are small trees like (Apple and Plum) in next door property. These trees were already mentioned in the structure calculation pack and their impact on the foundation. He rejected the application instead of asking for further information after 5 weeks.

 

When I got a rejection letter there were 2 reasons

 

- Asked for 30 meter tree survey - According to their record there are trees in 30 meters.

- My plan does not comply with Building regulation 2010 section. 14   

 

I called few  10 time to building control and sent them 5 emails to clarify above points but never get any response.

 

When I did not get any response for 2 weeks. I sent them new requirement based on my understanding (Tree survey withing 30 meters and Building regulation 2010 section 14 compliance).

Only information I got from Hillingdon Building control that I don not need to submit the application again only send the amendments and process will take up to 3 weeks.

 

Now more than 3 weeks have passed but still no response. I called them few time and sent them few email but BC officer and BC not bother to answer the email. I really fed up with the process now because project already being delayed 1 month.

 

My question is - I want to make a formal complaint about the building control. The only thing is sttoping me that I have to deal with same BC officer during my inspection. BC officer might give me more hard time to approve the work and asked for unnecessary requirement like 30 meter survey.

 

Can anyone share his/her experience in this matter or any advice how to resolve the issue

 

Thanks in advance.

[Jeremy Harris]

Presumably the issue is because you are on London Clay, and therefore they need evidence that the foundation design complies with the requirements in Part A, and that the site plan shows the exact location, species and size of all nearby trees (as trees can cause significant problems with heave in London Clay).  As well as being mentioned, the pack needs to include the size, species and distance from the foundations for each tree, hence the reason for them asking for more information, I suspect.  Usually some form of tree survey may be asked for if there is any doubt at all about the location or species of trees within 30 metres of foundations in this type of soil.

 

You can just choose to use another building control body if your LABC are being slow, there are several to choose from usually, although you will then be effectively starting again from scratch.

[Tar]

49 minutes ago, JSHarris said:

Presumably the issue is because you are on London Clay, and therefore they need evidence that the foundation design complies with the requirements in Part A, and that the site plan shows the exact location, species and size of all nearby trees (as trees can cause significant problems with heave in London Clay).  As well as being mentioned, the pack needs to include the size, species and distance from the foundations for each tree, hence the reason for them asking for more information, I suspect.  Usually some form of tree survey may be asked for if there is any doubt at all about the location or species of trees within 30 metres of foundations in this type of soil.

 

You can just choose to use another building control body if your LABC are being slow, there are several to choose from usually, although you will then be effectively starting again from scratch.

Thanks for the reply.  I already paid them £850 so can not choose other BC body.  Is it wort it to complaint to the council about the slow process?

[Jeremy Harris]

5 minutes ago, Tar said:

Thanks for the reply.  I already paid them £850 so can not choose other BC body.  Is it wort it to complaint to the council about the slow process?

 

 

You can complain to LABC (strictly speaking they are separate from the local authority, and are a self-funding entity, managed centrally by their own executive): https://www.labc.co.uk/

[Temp]

2 hours ago, Tar said:

When I did not get any response for 2 weeks. I sent them new requirement based on my understanding (Tree survey withing 30 meters and Building regulation 2010 section 14 compliance).

2 hours ago, Tar said:

Now more than 3 weeks have passed but still no response.

 

So from their point of view they have only had a valid application for three weeks.  I wouldn't go stirring them up just yet.

 

If you are confident the foundation design is correct you could write to them and let them know it is your intention to start work on <date> unless they have identified any issues with the plans by <a few days before date>. Add a line that says something like "We anticipate you will wish to inspect the foundation trenches before they are filled and will contact them when we reach that stage".

 

Try and keep a good relationship with the BCO because they can bend the rules to help you out when you need it. Ours spotted a problem with a window that didn't comply with the regs and which would have been very expensive to fix. He allowed it provided we made a minor change to a door elsewhere. Saved us about £5k. I know it's frustrating but if you start insisting they stick to the letter of the rules don't be surprised if they expect you to do the same later.

Edited September 5, 2019 by Temp

[Mr Punter]

Do bear in mind that with trees in proximity to foundations, the actual size of tree is not taken into account, as the effect on the foundation is calculated as if the tree is fully mature.  The tree size is only used if the tree is being removed, as it may lead to clay heave.

 

Sometimes Building Control will ask for further information before they give a conditional or unconditional approval.  As others have said, don't complain as you will gain nothing and may risk pissing them off.

[Russell griffiths]

I used to do a large amount in Hillingdon, I would bargain on going down further than you think, make sure you have contingency for going deep, the last job I did there the foundations went into the ground further than the building came out of the ground. 

[Tar]

20 hours ago, Temp said:

So from their point of view they have only had a valid application for three weeks.  I wouldn't go stirring them up just yet.

 

Thanks fro your reply

 

When I resubmitted amendments and extra information.  After 1 week long struggle BC left a voice mail that he has received my documents and they will get back to me within 3 weeks.  I am only want clear communication from BC. Weather is already getting colder and Builder added £2K if we will start in October because of unpredictable weather conditions.   Am I unreasonable to ask them why they are talking so long for standard rear extension?