Retrospective Approval for Loft Conversion


Postby diyrebecca » Sat Feb 21, 2009 9:48 am

Hi all,

I am purchasing a top floor flat that has had a loft conversion made into an extra bedroom many years ago. Planning approval or building regs were never applied for at the time. But it now has Retrospective Approval. I'm not sure how, as it clearly does'nt meet todays standards. But I want to make quite a few alterations to this loft conversion. Eg. change the location of the stair access, then adjacent to this loft room, reinstate the ceiling that has since been removed (currently giving the room below a vaulted ceiling to the roof), and making another loft room to be used as a small en suite bath or shower room. Do I need any permissions here and will I need to get building regs etc. But will this then make me responsible for the existing loft conversion that I feel sure may not meet current building regs.

Thanks for any advice...
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Postby stoneyboy » Sat Feb 21, 2009 4:25 pm

diyrebecca,
After 4 years no action can be taken against you re planning for building regs its 2 years.
You will need building regulations approval and unless there is anything contentious do this by the building notice method. Details will be on your local authority web site.
end
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Postby poorbuilder » Tue Feb 24, 2009 11:18 pm

[quote="stoneyboy"]diyrebecca,
After 4 years no action can be taken against you re planning for building regs its 2 years.
You will need building regulations approval and unless there is anything contentious do this by the building notice method. Details will be on your local authority web site.
end[/quote]

hi stoneboy interesting point you made about building regs being 2 years, reason being i built an extension on my own house,all propper-foundation depth,insulation etc but never applyed for planning or b/r approval this was 2 years ago next month, but in terms or getting the proper paper work how would i go about it? and will i have to pull anything apart, this has worried be crazy for last 2 years as mortgage is up for renewal and to change lender they might want to see paper work

i really would be grateful for some answers
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Postby stoneyboy » Fri Feb 27, 2009 6:19 pm

poorbuilder,
It's possible that with a change of lender the new mortgagor might ask for a basic survey - suggest that if asked you claim your home has always been like it.
If you think there will be issues with the work you have carried out you can apply for "regularisation" of the works as far as BR is concerned. You may have to prove that the foundations were created at the correct depth by digging a hole. Other compliance issues will not be so disruptive. Hopefully you took photos.
The main question will be as to whether you needed PP and once you start asking questions it will be difficult to stop the LA wheels turning. It could be that your extension falls within Permitted Development Rights so have a look at your LA web site and see if there is any advice/leaflets.
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Postby LCL » Thu Mar 19, 2009 8:20 pm

Dear all

Sorry guys here is no 2 year ruling for building regs, if there was it is likely that lots of works would be carried out without consent.

Retrospective building regulations approval will be required for any works carried out post 1 November 1985. The main thing here is proving that the works were before that date.

The original thread said the conversion was made many years ago so proving the date may prove very difficult. You cannot get retrospective approval using a building notice, you will have to submit a regularisation application.

The Building Act 1984 refers.

Hope this helps

LCL
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Postby eljaybee » Sun Mar 22, 2009 5:19 pm

The "two years" is the time period for when enforcement action can be taken by Building Control. Up until september last year the period was only 12 months from completion of the work but this has now changed.
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