Selfbuild cannot be occupied before sign off when using private building inspector?

[RC28]

Hi All,

 

I am having some issues with private building control as posted in another post a few months back threatening to revert us to LABC, thanks for your replies.

 

Moving on from that, we've now received a formal letter that the initial notice will be cancelled and will be reverted to LABC in about 6 weeks time, the reason being that we have part occupied our self build (i have moved out of the site caravan and created a self contained living space on the ground floor)

 

Am i right in saying that, if using an approved inspector/private building control any occupation before receipt of a completion certificate will trigger regulation 17 of the Building (Approved Inspectors etc. ) Regulations 2010?

 

I hadn't appreciated this when choosing to use private building control, this is another major consideration for some self builders when choosing to use building control options.

 

An extract from the regs is below.....

 

Building (Approved Inspectors etc. ) Regulations 2010, 1st October 2010 Regulation 17

17(3) The initial notice shall cease to be in force in relation to the building, extension or part of a building which is occupied—

(a)if the building is a relevant building as defined by regulation 12(6)(a), except where it contains only flats and common parts for those flats, on the expiry of a period of four weeks beginning with the date of occupation; and

(b)in any other case, on the expiry of a period of eight weeks beginning with the date of occupation.

 

Reading through the posts, many of us are occupying our builds, but i can't see anyone else has gone through this, has anyone heard of this?

[DevilDamo]

Why has it not yet been signed off?

[shuff27]

I've never heard of this.  As you say, many of us here have moved in well before BC sign off (15 months before in my case and with private BC).

[Mike]

I've not heard of it, however I've just checked that is more-or less what the legislation says. If you occupy the building then the notice expires after 8 weeks. There is a get-out if you can obtain a final certificate for the part you have occupied, but that's probably only useful if you're occupying a self-contained zone:

 

    (6) An initial notice shall not cease to be in force by virtue of paragraphs (2) and (3) because part of a building or extension is occupied if a final certificate has been accepted in respect of that part.

 

However there is also this:

 

    (7) A local authority may extend any period referred to in this regulation either before or after its expiry.

 

That doesn't actually say that a private inspector has to hand back the work to the LABC, just that only the LA can extend it. So, in theory, unless there's some other relevant text, your private inspector (or you) could ask LABC to extend the notice, after which you could continue with the private inspector. No idea if anyone has ever tried that, and not sure that the LA would be prepared to do it unless they took it over, but you could give it a try.