Building control 9 years late...
Building control 9 years late...
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Discussion

cheeky_chops

Original Poster:

1,613 posts

267 months

Tuesday 26th November 2024
quotequote all
Had a 1st floor extension early 2016 - build a small bedroom, small ensuite at the back, tiled roof above a flat roof single garage. All good i thought. Wind on to Friday and i receive email out of the blue
BuildingControlLetter said:
"Proposal: First floor bedroom and en-suite extension
I refer to my previous letter regarding outstanding work to be completed in order that your completion certificate can be issued where we advised the following was outstanding and note we have never received a response:
1. Front canopy construction is not complete and once done will require an additional onsite inspection. At present some tiles are missing and the lead flashing detail work has not commenced.
2. Escape window to bedroom too high at 1250mm, this will require remedial work to alter its height to no more than 1100mm from internal finished floor level.
As these points remain outstanding I would advise that accordingly I am unable to issue a completion
certificate under the Building Regulations 2010.
Seriously nearly 9 years late?? WTF - ive had zero previous letters or comms from BC. I cant remember the builder mentioning it. I assumed it was all good. Im pretty unworried about the tiles/flashing as that all good and watertight.
However the window IS 1250mm above floor - the extension floor is 150mm below the majority of houses 1st floor - the guy who did the plans and/or the builder seem to have screwed up.

So where do i go from here? The builder i know is retired. I did some googling and read builder insurance is only for 6 year (not that ive got anything to claim against). I also read its possible to install a step in the room below window? There is a bed below the window currently so the step would be hidden below the bed frame. Ive also apparently got to pay fees to have the case reopened and re-inspected too!

Any advise appreciated

ozzuk

1,329 posts

143 months

Tuesday 26th November 2024
quotequote all
I recall with my extension building control was ultimately my responsibility (though obv builder had to ensure all was compliant). I used a 3rd party, but made sure I had the sign off certificate at the end. What did you agree with the builder as your approach?

Hopefully someone more knowledgeable will post, I'd have thought you need to ask BC for next steps and undertake any remedial works - you could try ignoring it but if you ever want to sell you'll have issues (unless you lie on forms and say no works, very risky!). You also won't be able to get an indemnity policy as BC are already aware. You could therefore be in a spot and only able to accept cash buyers (and the discount that would go with that).


Glassman

23,758 posts

231 months

Tuesday 26th November 2024
quotequote all
Nothing to add except I'm interested for similar reasons: had a single floor extension built around 2007. All done, and tickety-boo. Matey came along for the final sign off and said the (flat) roof was showing signs of 'ponding' and that it should be addressed. For one reason or the other, it didn't happen and life took over.

I've had roofers and builders look at the roof and the ponding is where the felt folded back is a bit thick and won't allow all the water to run off. The idea is that the fall on the roof should be enough of an angle to do that but the fold is a bit thick and thus acts as a bit of a dam, trapping water behind it. All conversations have ended with a shrug of the shoulders as to say that it's a minor issue.

No flags about completion have ever been raised. Have no intention of moving, but I should check really.

Chainsaw Rebuild

2,096 posts

118 months

Tuesday 26th November 2024
quotequote all
cheeky_chops said:
Seriously nearly 9 years late?? WTF - ive had zero previous letters or comms from BC. I cant remember the builder mentioning it. I assumed it was all good. Im pretty unworried about the tiles/flashing as that all good and watertight.
However the window IS 1250mm above floor - the extension floor is 150mm below the majority of houses 1st floor - the guy who did the plans and/or the builder seem to have screwed up.

So where do i go from here? The builder i know is retired. I did some googling and read builder insurance is only for 6 year (not that ive got anything to claim against). I also read its possible to install a step in the room below window? There is a bed below the window currently so the step would be hidden below the bed frame. Ive also apparently got to pay fees to have the case reopened and re-inspected too!

Any advise appreciated
I'm not an expert but I had a similar building control problem with window height - I was told a wooden box could be used to make a step. (Then if it happened to magically vanish....)

I was also told that when you come to sell the house people will become less interested in BC sign off with the passing of time. Also you can buy insurance cheaply for the buyer to placate their lender.

princeperch

8,127 posts

263 months

Tuesday 26th November 2024
quotequote all
What normally happens if it's an approved inspector is they hand it back to the local council and you have to deal with them.

lizardbrain

2,961 posts

53 months

Tuesday 26th November 2024
quotequote all
We faced a missing certificate when buying recently, and being quite keen to move didn't want to rock the boat, so just waved it through. 15 years and uninspected steelwork in our case.

In the end someone at the council looked at the floor plans, days before completion, and without ever visiting the property magically granted the cert with caveat 'assuming it was done propertly..'

not sure what the point is of this kind of certificate. i suppose time will tell

Imdenmity wasn't an option apparently, and that only covers legal fees in any case.


Edited by lizardbrain on Tuesday 26th November 18:28

cheeky_chops

Original Poster:

1,613 posts

267 months

Tuesday 26th November 2024
quotequote all
ozzuk said:
I recall with my extension building control was ultimately my responsibility (though obv builder had to ensure all was compliant). I used a 3rd party, but made sure I had the sign off certificate at the end. What did you agree with the builder as your approach?
Id never had any building work done before so as long as i had planning i thought it was job done!!!

Chainsaw Rebuild said:
I'm not an expert but I had a similar building control problem with window height - I was told a wooden box could be used to make a step. (Then if it happened to magically vanish....)
Do you remember if there were any regulations/sizing that had to be complied with?


ozzuk

1,329 posts

143 months

Tuesday 26th November 2024
quotequote all
Chainsaw Rebuild said:
I'm not an expert but I had a similar building control problem with window height - I was told a wooden box could be used to make a step. (Then if it happened to magically vanish....)

I was also told that when you come to sell the house people will become less interested in BC sign off with the passing of time. Also you can buy insurance cheaply for the buyer to placate their lender.
the insurance you refer to is indemnity, but one of the terms is you cannot have made an enquiry with planning/BC, so in this case it would not be available.

Chainsaw Rebuild

2,096 posts

118 months

Tuesday 26th November 2024
quotequote all
The inspector reckoned my windows were a few cm too high relative to the floor, and thus it was too high to climb out of. They suggested a box but didn't state what size. My plan was to make one with a decent foot print and carpet it with some left over carpet. Then get rid of it.

The silly thing is you probably couldnt fit out of the window anyway due to how the window opens (I think its called a pivot hinge - it doesnt open from the edge like a door, but it opens out and slides in; thus bisecting the opening).

The main problem was that the slope up to the door was allegedly too steep and the door aperture is 1cm allegedly too narrow. So I spoke to an architect friend who helped me measure the slope... and its fine.

They also said I needed a special valve on the bath mixer tap that prevents a bath being too hot.

The house had been built and finished by this stage (not by me) so moving the window up, making the doorway wider and digging up the slope wasn't really an option.

I asked what I should do and the consensus was to not bother getting signed off - in the future no one would be that interested, my mortgage provider didn't care and I could get an indemnity/insurance if the buyer was worried (although a previous poster suggests this might not be the case).

As I plan on living there indefinitely, and I didn't really have the budget to move 3 windows, a door and redo the drive; I just left it.

TownIdiot

3,527 posts

15 months

Tuesday 26th November 2024
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If you aren't planning on selling any time soon just ignore it.

bobtail4x4

4,051 posts

125 months

Tuesday 26th November 2024
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but then expect to lose the sale when you try to sell

bad advice,

Puzzles

2,962 posts

127 months

Tuesday 26th November 2024
quotequote all
It put in a step that could be easily taken out at a later date if you wish, and get the paperwork sorted.

Mont Blanc

2,041 posts

59 months

Tuesday 26th November 2024
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bobtail4x4 said:
but then expect to lose the sale when you try to sell

bad advice,
Not saying it won’t put some people off, but I’ve known plenty of people sell houses that have been substantially knocked about without building regs sign off (and in a couple of cases without planning for works that were carried out years earlier).

If the buyers want the house, they’ll buy it.

TriumphStag3.0V8

4,705 posts

97 months

Tuesday 26th November 2024
quotequote all
As has been attested to by this thread, when selling the house, some buyers won't care, some will wet their pants.
For the sake of installing a box under the window (which will later vanish - or stay there if the bed over it is not an issue) and paying a fee for the peace of mind, I would just get it sorted

Edited by TriumphStag3.0V8 on Friday 29th November 17:25

98elise

30,114 posts

177 months

Tuesday 26th November 2024
quotequote all
Isn't there a fixed period in which building control breeches can't be enforced, ie after that time it doesn't matter what you've built?


TownIdiot

3,527 posts

15 months

Tuesday 26th November 2024
quotequote all
98elise said:
Isn't there a fixed period in which building control breeches can't be enforced, ie after that time it doesn't matter what you've built?
They changed the rules last year.
It was 4 years before that

98elise

30,114 posts

177 months

Tuesday 26th November 2024
quotequote all
TownIdiot said:
98elise said:
Isn't there a fixed period in which building control breeches can't be enforced, ie after that time it doesn't matter what you've built?
They changed the rules last year.
It was 4 years before that
In that case the OP can do nothing and will be fine.

It would be interesting to know how that's dealt with at a sale, ie no BC sign off, but outside any enforcement period. Does it simply become a non issue, or maybe something you take insurance for?

It must be something that happens enough to have a common approach.

TownIdiot

3,527 posts

15 months

Tuesday 26th November 2024
quotequote all
98elise said:
In that case the OP can do nothing and will be fine.

It would be interesting to know how that's dealt with at a sale, ie no BC sign off, but outside any enforcement period. Does it simply become a non issue, or maybe something you take insurance for?

It must be something that happens enough to have a common approach.
I am not sure of the new rule is 10 years or open ended.
I think it's 10 years but I am not a professional.




smokey mow

1,288 posts

216 months

Tuesday 26th November 2024
quotequote all
TownIdiot said:
98elise said:
In that case the OP can do nothing and will be fine.

It would be interesting to know how that's dealt with at a sale, ie no BC sign off, but outside any enforcement period. Does it simply become a non issue, or maybe something you take insurance for?

It must be something that happens enough to have a common approach.
I am not sure of the new rule is 10 years or open ended.
I think it's 10 years but I am not a professional.
10 years for section 36 prosecutions and indefinitely under section 77.

This is just in relation to the building act. There’s other legislation available to use should they so choose.

Even though the time limit for enforcement may pass this doesn’t make the works compliant and a non issue. It still remains non complaint and unsafe after that date.

Edited by smokey mow on Tuesday 26th November 18:07

TownIdiot

3,527 posts

15 months

Tuesday 26th November 2024
quotequote all
smokey mow said:
10 years for section 36 prosecutions and indefinitely under section 77.

This is just in relation to the building act. There’s other legislation available to use should they so choose.

Even though the time limit for enforcement may pass this doesn’t make the works compliant and a non issue. It still remains non complaint and unsafe after that date.
Just because something is non-compliant it doesn't mean it's unsafe.

Once ten years passes, what can happen in respect of building regulations?