Pushing the boundary of temporary habitation.

[epsilonGreedy]

I might need to push the limits of English regulations governing moving into my forthcoming self build project ahead of final building control sign off.

 

Reading up before starting this thread I now understand:

 

• The property must have a functioning toilet and kitchen.
• There is no formal validation required to move in unlike Scotland's temporary residence permit process.
• I should notify the Council that my new build propety is occupied for local tax reasons.
• If I moved in without notification the council will likely discover the situation and issue a back dated council tax demand.

 

Have other forumites encountered where the boundary of tolerance is for early occupation?

 

Here is my hypothetical test case.

 

1. Detached two floor brick & block property with established access to public road via rear site lane.
2. Weather tight shell with mains water, electricity and sewer connected.
3. No gas but heating provided via sealed external air supplied wood burner.
4. Hot water tank plus plumbing to toilet and kitchen.
5. Usable kitchen fully plastered.
6. Toilet including washhand basin and door.
7. Door to kitchen and all smoke alarms wired in.
8. Staircase with balustrade fitted.
9. Upper floor ceiling plasterboard up and 50% of roof space planned insulation just to rafter height.
10. Wall cavity already insulated with 100mm of rockwool.
11. Most floors screeded.
12. Most walls with exposed inner blocks i.e not yet dry lined.
13. Most upper floor stud walls incomplete.

 

My hunch is that the English authorities take a light-touch approach because the system is self regulating i.e. Councils want tax income asap and self builders want their VAT refund sooner rather than later.

 

At this point I am wondering what BC criteria might trigger some form of enforcement notice to improve the property or cease habitation.

[Jeremy Harris]

You can pretty much camp in a house whenever you feel you can stand it.  AFAIK, there's no legal reasons not to.  It doesn't need to impact on your VAT reclaim, either, as you wouldn't normally put that in until after you've got a completion notice. 

 

You really only need a habitable bedroom, a working toilet of some sort (could be a chemical one if the drains aren't in and connected, and somewhere you can cook and make a tea (a microwave and a kettle would do for me............).  Sorting out washing facilities depends on how well you can cope with roughing it, but I lived in a bedsit as a student sharing a bathroom with four others and often just relied on a "big wash" with a flannel from the sink in my room.

 

I don't think you'll find that BC are the slightest bit interested, the only ones that will be after your money will be the council, and even then I don't think they can easily stop you from camping in your own house whilst you finish it.  You are allowed to live in a caravan on site during a self build anyway, and many do just that.  If you choose that option then they band it as band A for council tax until such time as the house is completed.

[Russell griffiths]

Can you not just use a caravan. 

[epsilonGreedy]

47 minutes ago, Russell griffiths said:

Can you not just use a caravan. 

 

My partner issued a prohibition notice on that proposal and it does seem to represent the low point of many self build stories. The costs will mount up with lowloader transport, temp service connections and buy/sell costs.

 

I might live in a basic 2 man towable caravan onsite 3 nights a week up to a weather tight shell just to discourage material theft. My main residence is a long commute away.

[ProDave]

1 hour ago, epsilonGreedy said:

My partner issued a prohibition notice on that proposal and it does seem to represent the low point of many self build stories. The costs will mount up with lowloader transport, temp service connections and buy/sell costs.

 

I might live in a basic 2 man towable caravan onsite 3 nights a week up to a weather tight shell just to discourage material theft. My main residence is a long commute away.

As a current caravan dweller I would not say it is a "low point" there are plenty of other low points but living in the caravan is not one of them.

 

Even I am surprised that I said that. Last time around we bought the absolute cheapest wreck possible and it was very cold and the walls ran with condensation.  This time around, we spent more on getting something a lot newer, in really quite good condition and a far better layout (it was the uncommon layout of this 'van that attracted us to it)  The best upgrade we did to it was fit a wood burning stove.  We are now hopefuly past the worst of a colder than average Highland winter. It has not frozen up. The stove keeps it comfortable and no issues with condensation except on the single glazing.

 

For us resale value was not an issue as it is remaining as a workshop and studio when the house is finished.  You would never buy any similar sized "garden  outbuilding" for what we paid for this 'van, let alone one with a flushing toilet and some level of insulation.  So not only is it providing our temporary home, it will become a very useful annex to the house.

[Gone West]

13 hours ago, JSHarris said:

You can pretty much camp in a house whenever you feel you can stand it.  AFAIK, there's no legal reasons not to.  It doesn't need to impact on your VAT reclaim, either, as you wouldn't normally put that in until after you've got a completion notice. 

 

So does that mean you don't have to have the electrics (Part P) or unvented hot water (Part G3) signed off before occupying? If so presumably you could live there indefinitely without a completion certificate or safety certificates.

[Jeremy Harris]

As far as I know there's no law to stop you.  It'd be like camping on your own land, but with the added cover that you have planning permission, so the principle of living on that site has been established.  People have lived in houses for a long time before getting a completion certificate before now.  There was one chap on (I think) Ebuild who only realised he'd not got around to getting a completion certificate when he came to sell, IIRC.

[Ian]

Up until 2012 Building Regs completion certificates were not issued as a matter of course. You actually had to formally request that the Inspector issue one. Since 2012 they have been issued as standard procedure but you would need to let the Inspector know that you were ready for a final inspection.

 

The main reason that it’s important to get the completion certificate is because in the future if you want to sell the house the buyers solicitor would normally want to see it. I’ve come across cases where the lack of a completion certificate on an extension to a house has meant that when the owner wanted to sell up, the value of the house was downgraded by the cost of demolishing and rebuilding the extension.