Planning and building regulations

[Freddie Flintstone]

I obtained planning permission to alter the front/side of my property (I could not proceed by permitted development). It involved taking down part of the walls on one side of the property and reducing the roof size. (The changes can be seen from the street outside) The builder started to take down the roof and walls but unexpectedly found steel beams holding the roof running across the room onto the parts of the walls that were to be removed. By this time part of the roof had been removed and temporarily covered to minimise water ingress and the property could not be put back to its original condition easily.

 

Building Regulations came out and were shown the steel beams and plans passed by planning and said that the steel beams could not be removed and the part of the walls the steel beams were sitting on had to remain for structural reasons but this was not as per the plans. The work was completed with walls that were due to removed still in place with the beams still sitting on them and the work has now been completed and passed by Building Regulations.

 

I have been told that in these circumstances Building Regulations decision takes precedence over planning and I should proceed as per the Building Regulations decision (I have removed less of the wall than was originally planned but more than is shown in the plans remains. Nothing extra has been built onto the property). I am also informed that in these circumstances I do not need to revert back to planning.

 

Is this correct or do I have to revert back to planning and if so, is this likely to be a problem as the work has been completed as Building Regulations stated? 

 

The council in question is in the South East of England if it is relevant.

[kandgmitchell]

Neither take priority over the other - you have to comply with both. You can use having to comply with one as a lever to get a concession out of the other but there's no obligation on their part to play ball.

 

If your planning approval has a condition that you build in accordance with the plans reference x,y and z and you haven't, then you may wish to regularise this to avoid issues in the future. It all turns on just how much the change is from what the planners approved. If it's minimal and just a bit smaller - would I bother? probably not. If it's significant or you're risk adverse then go back to the planners with the changes.

[joe90]

IMO you do not need to go back to planning, they are only really interested in how it looks from the outside, building regs are about if it will be safe. It’s a shame you didn’t get what you wanted.

[DevilDamo]

Planning and Building Regulations are competely different.

 

Planning comes first and therefore takes precedent over Building Regulations.

 

In 99% of situations, Planning are not interested in internal or structural alterations.

 

Following on from the above, what is the issue and who has advised what needs to be done to rectify it?

[Alan Ambrose]

As a low priority I might email your planners, explain the detail and ask them what they want you to do. They should be perfectly reasonable as you have acted in a sensible and cautious way.

 

In the worse case, they might ask you to apply for a retrospective amendment to your original permission or alternatively for a 'lawful development certificate'. I would present them with the problem though and follow their solution if any.

 

They probably won't care much. You might only care when you come to sell, and then only if it is sometime soon-ish i.e. before the 4 year enforcement period has passed.

 

[nod]

1 hour ago, joe90 said:

IMO you do not need to go back to planning, they are only really interested in how it looks from the outside, building regs are about if it will be safe. It’s a shame you didn’t get what you wanted.

Plus 1 

Planners are only interested in how it looks

Just to add I would get or alter your SE drawing and calcs To save issues down the line Should you ever decide to sell the house 

[saveasteading]

1 hour ago, Freddie Flintstone said:

Building Regulations decision takes precedence over planning

It's not a matter of trumping. The planning permission still applies.

If the visible change is significant or arguably so, I tend to send a courtesy message to the planners, for the record. I've never had a response, which i deem to be acceptance, and have been happy that it closed off any future issues.

This is also probably preferable to the planners than a formal change, which takes their resources.

It's up to you.