Building Regulations and a project that's taken 10+ years !

[jools9999]

Hello to all,

I should have joined this forum a long ago when my wife & I first started our self-build project – but hey we all know about “should haves !”

I’d love some input on the issue below about a project that has taken a long (long !) time – I guess there must a few others out there who’ve had something similar ?

Long story short –  my building regulations were fully approved in 2010 (so not using a building control notice) and the build started in 2012.

My wife who was managing the project whilst I worked full time died suddenly and unexpectedly in 2014 and I had to look after kids and other stuff – so progress was v slow with bits here & there by me and tradesfolks as and when. I’m lucky as the plot is next to my own house and so I’ve not stressed too much just moved it along when I could.

The pandemic made it v difficult to find people to do work on it & with no furlough for me I didn’t have time as there was family stuff to deal with.

The required BC inspections of the footings etc had been done when needed.  Recently I found a builder to finish the job (along with the necessary cash !) and contacted building control to let them know I was planning finish and what further visits were required from them ?

They informed me they had “closed” my building control application and I would have to pay a “notional” fee to have it “re-opened “.   A BC officer visited the site & confirmed he was happy with the build, pointed out a few minor bits and advised on fire protection for the stairs. He also said he couldn’t help with the woodburner sign off (I’ll ask about that another time as I read they were obliged to do this if requested ?). I’m pretty certain he said the house would be assessed against the originally approved plans (which I had always assumed would be the case throughout the build). The BC dep’t then sent me an invoice for £350 to re-open the application –  I thought this was more than a “notional” sum and queried the amount (in a polite way)  and got an email back saying:

Unfortunately, the fee of £350 still stands because visits will need to be undertaken as works need to be assessed as per the current  Regulations and more input could be required from our Building Control Surveyor.

Having explained the situation to the forum - here’s the key questions I’d love some help with.

Surely it must be wrong that the email says they are going to assess against current regs  - I have always assumed it needed to be built to the originally passed BC specification/drgs ?!

For example the insulation in the walls doesn’t meet current regs and obvs without destroying the place it never will !

The BC officer who visited recently  seemed to be fine to use the original spec BUT the email says otherwise and obvs could be V problematic if they stick to this position.

Secondly the whole “closing” of the BC application seems random to me – I am not aware of this process and the architectural tech who did the BC plans hasn’t heard of it. The last BC visit I had was in Sept 2019. I haven’t received any correspondence from  BC saying they were proposing to close the case and the implications of this and when I asked about where the process was documented in the rules/legislation I got no response.

At the link below it says a Full Plans BC application lasts indefinitely and we did start within the 3 years and had a commencement inspection.

https://www.designingbuildings.co.uk/wiki/How_long_it_takes_to_get_building_regulations_approval_and_how_long_it_lasts

 

I realise £350 is not going to make or break the project – but the whole thing smells of people making it up as they go along and finding an excuse to charge me ?

 

If you’ve read all of this and have some useful input I’d be v grateful

Thank you

Julian

[ProDave]

I can't speak for the English system, but in Scotland, if it takes longer than 3 years you have to pay what appears to be a discretionary amount for a discretionary period to renew it.  I ended up paying £100 each time for a 1 year renewal to keep it current until I completed just over a year ago.  they make it clear if you don't renew then it would have to be a new application and new regs would apply.

 

I would not argue the fee, but would argue nobody informed you of any need to renew it to keep it going.

 

I guess the other argument is don't bother, but if you ever try and sell it not having a completion certificate will be a problem.

[Jilly]

Very sorry about your wife.
 

I was told the application stays open for 2 (or was it 3  yrs, I’m not certain) after your last inspection. I can’t see how you can get out of the fee. My BCO officer told me to call them out to keep it live if the project was going to be protracted but only when I mentioned I wanted to delay the bathroom. He did say I shouldn’t have asked him, and he would probably have signed it off without 😭

You might be able to compensate with insulation elsewhere if there isn’t enough in the cavity, or could you add external wall insulation?

Edited December 17, 2022 by Jilly

[Gone West]

We had full plans building control with the LABC. The build started in 2010 and was completed in 2018. We had a few emails and phone calls at various times enquiring about progress but we weren't asked for extra payments.

[jools9999]

Thank you all for your replies -  Some have paid & some not  - I would have expected there to be a common policy across local authorities but maybe this is one where they really do have the right to make up their own policy ?

I don't think I have much choice - I'll get on and pay the fee as the sign off cert is very important to me (may well sell).

Just VERY frustrating that I was not contacted at the time so I could have had the option to take some action if I'd wanted to.

 

Not quite so clear from the replies which regs apply ? - ProDave says if you don't renew then new regs apply -  so I assume if one does renew than the original regs apply (in Scotland).

From Jilly's post it's not clear if the BCO confirmed which regs would apply if it had lapsed ?

 

If anyone else reads this & knows the answer to this one and where it is confirmed that would be VERY helpful.

Again I can't find a national policy - and for this (quite important ?) situation you'd expect it to be defined properly somewhere ?!

 

 

I couldn't do anything about the wall insulation as it's a natural stone finish (demanded by the planning folks) - so no external insulation possible,

 

And yes - total bummer to lose one's partner in the middle of such an undertaking - she was running the whole thing & designed it with the tech's help and all that - plus (of course) the weird experience of finishing a shared "dream" project in a completely different scenario.

 

cheers

 

Julian