What constitutes the START as regards to Building Regs?

[Ed_MK]

hi,

 

Probably obvious this one ...but i don't know the answer

 

Currently i m waiting for my timber frame supplier to finish and give me the Building Regs document for their bit ...ETA 4 weeks
I am in process of drawing up the sewage and services layout for my bit ...ETA 1 Week

My foundation company say they NEVER do them and the "setting out drawing" and the "load calcs" (from the frame company will suffice

 

All seems to be tickling along ...

 

Although I just got an email saying that the although the foundations are going in about  4-6 weeks, the foundation company are going to 

crack an entrance by removing bushes (as currently there is none) , start grading the land and dropping some hardcore in there in advance of the 
Foundation and frame vehicles

 

Am i silly in thinking that Building regs should be already FILED by the time work starts ?

or does the above not count as WORK ?

 

I dont want to be accused of breaching some law or other  ?!?

[nod]

I’d exactly the same predicament a year ago

You also need to be sure that you have the sil agreement in place

I was told that me was felling a couple of dozen very large trees was fine Removing the slates and roof off a building we intended to demolish was also fine

Both replies were the same regarding a breach 

Harvey machinery on the plot would be considered a breach

For anything other than bore hole testing 

They all seem to have there different rules 

But it would be well worth asking the question 

[Jeremy Harris]

There are two aspects here.  Planning and Building Regs, and they are both different with regard to the "start".  For building regs, you are supposed to have your plans approved before you do anything, as it can take several weeks before they are approved, and one of the first inspections (which can't normally happen until after you have the plans approved)  will be of the foundations and probably the drainage system (which may well go in at the same time as the foundations - in our case the drains went in weeks before the foundation).

 

For planning, you have to have all the pre-commencement conditions signed off before you start any work on site.  To lock planning permission in (so the clock stops) there are different amounts of work needed, some councils accept the foundations going in, some will accept site clearance and the creation of an access as being the start.

 

If you haven't submitted a building regs application, with full plans, and paid the fee, yet, then you can either get it done ASAP, or you can switch from using the Full Plans route to the Building Notice route.  The latter still means paying the fee up front, but means that you will gain approval in stages based on inspections.  It's potentially a bit risky, as the inspector can turn up, say they they don't like what's been done and make you rectify it, but it is quicker initially.  With the Full Plans route at least you have the assurance that a lot of the aspects of the build have already been approved, and all the inspector is doing is ensuring that you are building in accordance with the plans, really.

[Ferdinand]

Just checking. You do have your CIL exemption in place if you need one?

[Ian]

@Ed_MK

clearing bushes and trees like you’re doing doesn’t constitute a start to building work but starting to do the site strip & foundation trenches would definitely be seen as a start.

 

Building Regs - I see you’re based in England (the system in Scotland is very different). If you want to use an Approved Inspector rather than the local authority equivalent then they will need to be formally appointed by you at least 1 week before you make a start as they in turn need to give 1 weeks notice to the LA. If you don’t then the LA Building Control dept have the right to step in and you’ll be forced to use them instead of your Approved Inspector.

 

I work as an architect and in practice, I’ve found that Approved Inspectors no longer rigidly differentiate between the Building Notice procedure that @JSHarris mentioned and a Full Plans Application, however the shorter the notice period the more certain you need to be that the basics of your proposal will be compliant with the Regs. The more notice you can give the inspector the more chance there will be for any potential problems to be picked up before it’s too late.

[Ed_MK]

42 minutes ago, Ferdinand said:

Just checking. You do have your CIL exemption in place if you need one?

 

I ma sure i looked into this a few months ago 

and i believe we found out as it was a dwelling under a certain size, we were exempt 

..does that sound right ?

 

 

[Jeremy Harris]

7 minutes ago, Ed_MK said:

 

I ma sure i looked into this a few months ago 

and i believe we found out as it was a dwelling under a certain size, we were exempt 

..does that sound right ?

 

 

 

 

You have to apply for the exemption usually, it's not something that's automatically granted.  All new self-builds are CiL exempt, but only after filling in an application and having it accepted for exemption.  No work at all must be done on site until you have it in writing that the exemption has been granted, as they usually won't retrospectively grant it.

[Jml]

19 minutes ago, JSHarris said:

 

 

You have to apply for the exemption usually, it's not something that's automatically granted.  All new self-builds are CiL exempt, but only after filling in an application and having it accepted for exemption.  No work at all must be done on site until you have it in writing that the exemption has been granted, as they usually won't retrospectively grant it.

 

Not all councils charge CIL, ours does but will only grant planning permission if an undertaking to pay it has been signed,  wether or not exempt.

[Ed_MK]

The only reference i can find is the link below..

https://www.milton-keynes.gov.uk/planning-and-building/planning-policy/community-infrastructure-levy-and-s106

 

this seems to say that we don't even have a CIL scheme in MK ....or am i reading it right ?

 

 

none of the planning apps we filled mentioned it 

and the building regs guidance document doesnt mention it either 

 

Edited February 11, 2018 by Ed_MK

[Jeremy Harris]

As your council doesn't have a CiL scheme in place yet, then you're home and free.

[Dudda]

Doesn't help the OP but thought I'd mention if someone else finds this  thread that in Ireland it's slightly different. Clearing the site, hoarding, site facilities, etc are all allowed as start up works or enabling works. You can dig to a depth or increase ground levels up to 1m before the project is deemed to have started and you need to have a commencement notice lodged. 

I find this very useful on a lot of jobs. 

[Bitpipe]

We used an independent BC, very helpful.

 

He called us up in the March the year we were planning to start the build as asked if we could do something that constituted a formal start, which he could inspect, and then we'd be acting under the current regs before they changed again that April.

 

As luck would have it, we were just about to demolish the garage to allow us to extend the foul sewer and water to the caravan where we were going to live. Part of this new run was permanent and  intended to serve the new house, so he came out to sign that off and all was good. The main works themselves did not happen until end of July that year...

[Hecateh]

CIL in my area (Barnsley) varies throughout the borough.  Nil in my area  (some areas are up to £80 sq m) - which I was pleased about as I hadn't even heard of it until flagged up on this site.

 

The planning department told me that it wasn't illegal to start before written sign off, so long as conditions were adhered to it wouldn't cause any issues,  He had verbally given us sign off on planning conditions.  
We were allowed to clear ground and dig foundations before building regs but not commence the build

 

[nod]

5 hours ago, nod said:

I’d exactly the same predicament a year ago

You also need to be sure that you have the sil agreement in place

I was told that me was felling a couple of dozen very large trees was fine Removing the slates and roof off a building we intended to demolish was also fine

Both replies were the same regarding a breach 

Harvey machinery on the plot would be considered a breach

For anything other than bore hole testing 

They all seem to have there different rules 

But it would be well worth asking the question 

The planners were pretty clear with me Do not move any heavy machinery onsite till you have the materials submission signed off

 Building control were fine and got involved immediately after that

At the time Someone on here 

Sorry can’t rember who

Descibed planners as playing with peoples lives

 

[Tyke2]

On ‎11‎/‎02‎/‎2018 at 21:55, Hecateh said:

CIL in my area (Barnsley) varies throughout the borough.  Nil in my area  (some areas are up to £80 sq m) - which I was pleased about as I hadn't even heard of it until flagged up on this site.

 

The planning department told me that it wasn't illegal to start before written sign off, so long as conditions were adhered to it wouldn't cause any issues,  He had verbally given us sign off on planning conditions.  
We were allowed to clear ground and dig foundations before building regs but not commence the build

 

Barnsley are still going through the process to get the Local Plan approved and adopted. The CIL will be brought in at the same time. So only apply to new permissions after this date, which is planned for late 2018, but may be early 2019

[MikeSharp01]

As I mentioned before 'start' can be triggered by local authority internal processes. In our case this happened because we went for a demolition order which the planning department picked up in the weekly list and flagged our build as started. To be fair they switched it off again when I challenged it but in a council with a CIL who knows what would happen. 

[newhome]

23 minutes ago, MikeSharp01 said:

To be fair they switched it off again when I challenged it but in a council with a CIL who knows what would happen. 

 

You probably know the answer to that question ... 

[redtop]

we 'started' by clearing the access and making some tracks to the house, all prior to submitting BC documents.  I did contact the LABC and they didnt seem concerened at all. oh and we had services put on site by the DNOs.