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Help! Building Regs

Postby Boozo » Wed Jan 14, 2009 12:44 pm

We have a detached chalet style house originally constructed with rooms in the roof, built in the early 70's.

A year ago we had a builder in to refit an en-suite and the main bathroom. In each room we wanted to move back the short wall under the roof slope by about 200mm. When the builder was asked if we should have building regs for this, he said we didn't as it would have the same support, just slightly further back. The walls were moved and new bathrooms fitted at great expense.

It's been bothering me ever since, and worrying me that we should have had regs for it.

Can someone please help me?

My main questions:

Since the work has already been done, what will happen if we should have had regs?

Will we have to move the walls back?

If the builder was in the wrong, what can I do about it?

If a structural engineer deems it safe, but we should have had regs, but decide not to, will it get found out? and how?

Thank you in advance for your help.

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Postby stoneyboy » Wed Jan 14, 2009 6:39 pm

Yes you should have had BR approval.
After 4 years (at least I think it is 4) the BR dept cannot do anything about work which should have had approval. So if your roof is not falling down I would suggest you keep quiet - retrospective approval is possible but costly.
Looks like it is 2 years - extended from 6 months in 2007.
There is no reason why anyone should identify that the work has been done (unless there is structural movement or it is obvious that structural changes have been made). If you come to sell do not enter details on the sellers information pack - it was like it when you purchased.
Last edited by stoneyboy on Sat Jan 17, 2009 8:05 pm, edited 1 time in total.
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Postby Boozo » Sat Jan 17, 2009 11:21 am

Thanks for your input Stoneyboy. Be good to get that confirmed for sure. Fingers crossed.

Does anyone reading this know?

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Postby kbrownie » Tue Jan 20, 2009 8:17 pm

HI Boozo
* NOTE : There are certain time constraints prescribed within
which enforcement action can be taken, these are:
• Operational development - 4 years, beginning with the date
on which the operation was substantially completed.
• Change of use of any building to use as a single dwelling
house - 4 years, beginning with the date of the breach.
• Any other breach (including unauthorised material, change
of use of land/building and breaches of condition) - 10 years,
beginning with the date of the breach.
This comes from a Building Controls Enforcement note, hope it helps
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Postby eljaybee » Wed Jan 21, 2009 12:46 pm

They look more like the time limits for planning enforcement.

Building Regs enforcement comes from Section 35 and 36 of the Building Act 1984. It was always only 12 months from the date of completion of the works. In april 2006 there were changes that extended the time period for enforcement of Part L issues to 2 years and in september 2008 all other aspects of the regulations was changed to this 2 year period. However for for section 35 the local authority still only has 6 months from the date of discover of the breach to take action.
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