How much of your plans do you have to actually build?

[Adamantium]

Odd question.

 

I have planning to build what i want to build and am happy with everything as it is.

 

Part of my permission includes knocking down the garage and also putting dormers in the roof.

 

What I'd like to know is, in the event that I run out of money and say, cannot afford to put the dormers in but just tile over the space in expectation that one day I can put them in, or choose not to demolish the garage (it doesn't interfere with the footprint and is useful for storage during the build), can I be compelled by some legal mechanism to install the dormers or knock down my garage?

 

I can't see how as if I haven't got the money, what can they do, but also I haven't deviated from my planning permission, I simply haven't finished yet. How does it work? Is there a time limit? Can they remove permission retroactively?

Edited July 27, 2017 by Adamantium

[sam]

I've seen planning decision notices which stipulate that you cannot start a defined part of the build or you cannot occupy the dwelling until something particular (like demolition) has been completed. If the planners have not put such a constraint on your build then maybe it suggests they are not overly concerned.

[PeterW]

There are thee things at play here. 

 

1. Planning is "locked in" when you commence, that is you then have an indefinite time to complete the build

2. Building Regs only ends when you've been issued a completion certificate which drives the ability to get insurance and in some instances the council services to the property.

3. VAT reclaim ends when you get the building regs completion cert. 

 

If you build what is there in the spirit of the planning then they are usually pretty good.  If you do any minor changes then you may have to do an NMA - read your local councils guidance on this. 

 

Stopping after "phase 1" or similar will stop your VAT reclaim level so anything after that point will be 20% more expensive. 

[Ferdinand]

They would have trouble conditioning a complete date, as planning conditions are required to be enforcible to be lawful, and it s difficult to see how eg bankrupt could be forced to finish a project.

[Guest Alphonsox]

We are in the same position. Our planning included an attached "sun room" which for practical and financial reasons we have not built (and probably never will). My understanding of the situation is that I have an indefinite amount of time to complete the build so I can quite legitimately state that I haven't got around to building it yet.

 

What is unclear is whether this "indefinite" time period is deemed to be over when I get a completion certificate for the current build, or whether in 20 years time I (or a subsequent owner) can legally build the sun room subject only to another Building control application (and paying out 20% more in VAT) using the currently approved planning application.

[PeterW]

5 minutes ago, Alphonsox said:

 

What is unclear is whether this "indefinite" time period is deemed to be over when I get a completion certificate for the current build, or whether in 20 years time I (or a subsequent owner) can legally build the sun room subject only to another Building control application (and paying out 20% more in VAT) using the currently approved planning application.

 

That is correct - BRegs and PP are entirely separate so you can go back to it at a future point. 

[ProDave]

Just be wary of time limits on building control. Up here a building warrant is for a fixed period of time. you can extend it as long as you do so before it has expired. If you don't then you may end up needing a new building warrant and having to comply with anything that has changed in the regs since your first application.

[Adamantium]

The main issue for me is not completing the build, it's demolishing everything.

 

There is a garage which according to the plans is to be demolished but its footprint is completely separate and therefore it doesn't have to be demolished in order to finish building anything.

 

It was always my plan to demolish it last because of the seclusion, protection and security it provides for tools etc.

 

Thing is budget is tight and it's a few thousand I'm could save at the end by simply not demolishing it.

 

I'm quite happy for it to stay and have building regs signed off, I'm just not sure if there's a legal mechanism to make me knock it down since it was part of the permission for it to not be there at the end.

[ProDave]

The council planners could issue an enforcement notice to order the demolition if that was a planning condition.  Until they do that I don't see any rush. As there is no time limit on completion from a planning point of view, that would probably only happen if someone (who knows it must be demolished) complains.

 

Since the new build is signed off by building control you have nothing to worry about in that respect.

[Adamantium]

and if it wasn't a planning condition? (it wasn't!).