When does a build "start"?

[Weebles]

A bit of advice needed here please.  We are completely new to self build and progress has been slower than we hoped.

Planning permission for "demolition of existing house and garage and building of new house and garage" has just been granted.  We are just considering what to do first.  We are thinking about knocking down just the garage to start with.  This should allow us to dig to locate our utilities (still haven't found them so resorting to a digger), and then put our static caravan in without covering over said utilities (only one potential site for the caravan).  Then we can move onto demolishing the house afterwards.

If we do this, we assume our build will "start" as the demolition is noted on our permission.  Is this correct? We plan to sort out the CIL with the LA before we "start".  But do we need to have a building control inspector involved?  Do we need any building regs stuff done before demolition?  Site insurance?  Or is all that just for the building phase?  Anything else to consider at this stage? Thanks everyone.

[ProDave]

It is the planners that decide when it "starts"

 

Our planning had a number of pre comencement conditions, and then a condition saying the first thing we must do is form the new entrance from the highway. I got the pre comencement conditions signed off then notified the planners we were starting making the entrance and they informed us that the development had "started"

 

So I guess in your case the demolition is the start, so get that CIL exemption before the digger arrives.

 

I would get the site insurance in place. It's your public liability and there's plenty that could go wrong with demolition.

[Weebles]

We have addressed all the pre commencement conditions (all paper conditions) so will need to do some root protection fencing but that's it.

Thanks for reminder on CIL exemption - its an easy one to overlook.  What about the building regs and building control?  I was planning to get that done whilst we are sorting out the temporary accommodation and utilities (after demolishing the garage).  But can we "start" the project without building regs?

[PeterW]

Yep no requirement to have building regs in place to start demolition. I think you have to file paperwork with the HSE though..??

[Barney12]

You need to submit a section 80 demolition notice to your local authority. 

Our local authority doesn't charge and turned it round in a couple of days.

They will also inform all service suppliers (gas, water, electric) of your intention. 

Google section 80 demolition notice and your LA name and it should find you a link to th correct from.

[MikeSharp01]

If our experience is anything to go by the demolition notice will trigger the start of project inside the local authority this happened to us and caused a problem because we had not discharged all our planning conditions so the LA put a stop notice on us even though we were working on the prep and starting demolition with removal of asbestos. A 'conversation' with the planners sorted it and away we went. 

[Temp]

Definitely get all the CIL stuff done first.  One of the requirements of that process is submitting a commencement of development notice. 

 

So get any planning conditions sorted. Decide on a date when you will officially start and get the CIL and demolition paperwork in. However don't actually start demolition until you get the paperwork back from the council even if that date passes. 

 

https://ecab.planningportal.co.uk/uploads/1app/forms/form_7_self_build_part_1_exemption_claim.pdf

 

An exemption for a self build home must be granted prior to the commencement of the development AND a Commencement (of development) Notice must be received by the Charging/Collecting Authority prior to the date of commencement of the development. The applicant will otherwise be liable for the full levy charge.

[richi]

I am not a lawyer. But it's my understanding that, in England and Wales at least, you need to demonstrate the milestone of, “a material operation comprised in the development begins to be carried out,” per the 1990 Act as amended—specifically §56(2), §56(4)(b)—and per the Planning Officers Society note JDS/061112—specifically §2.4.

 

Demolition sounds pretty damn material to me. Note that you merely need to demonstrate that you've begun to demolish.

[Temp]

That's here..

 

http://www.legislation.gov.uk/ukpga/1990/8/section/56

 

(4)In subsection (2) “material operation” means—

(a)any work of construction in the course of the erection of a building;

[F2(aa)any work of demolition of a building;]

[ToughButterCup]

The answer is that the definition of a start  varies by area. I haven't got time to dig into my records, but there are many opinions -some with a pretense of authority-  on what it really is.

Shum shay (I will not apologise to Clarkson, he's not worth it)  it's the first 'sod' of soil turned, others talk about making connections to services. I had to erect a Temporary Amphibian Fence (TAF) a year before we started. Which flies in the face of @Temp's post above (not something anyone does lightly) . But I had spent a huge amount of money getting that TAF in place. I knew I had started long before any 'official start'.

 

The answer is not clear cut

 

Ask your local friendly Enforcement / Planning contact, and then ask around locally for advice. 

[Ian]

19 hours ago, Weebles said:

Do we need any building regs stuff done before demolition?  ...Or is all that just for the building phase?  

If you want use an "Approved Inspector" for your building regs rather than the Local Authority then they need to give 1 week notice before you start work on site.

[Weebles]

Thanks all.  Interesting to discover our LA requires notification of any demolition of greater than 50 cubic metres so it looks like our garage demolition is notifiable anyway even if we feel this is preparation work for the real demolition and build.  Sounds like that notification will "start" the project.

Going to sort the CIL before the demolition notice so they can't catch us out.  Thanks all.