Reply With QuoteTry here - helped us loads.
https://assets.publishing.service.go...2017_FINAL.pdf
Looking to do some work on the house.
I see a lot of applications on the local authority portal for certificates of lawfulness for PD. But is that really necessary??
Can I not just get some plans drawn up and get a company to look over the building regs for me and then issue to a builder and build it!??
I understand there is some risk if the council subsequently ask some questions and for some reason dispute it being PD. But I guess important using a decent architect to ensure we are safe.
Reason I don't want to go through local authority is that I don't want to waste months waiting for them to say it is lawful before I start the work.
Look forward to some views or experiences.
Thanks
Sent from my SM-N950F using Tapatalk
Try here - helped us loads.
https://assets.publishing.service.go...2017_FINAL.pdf
When you look long into an abyss, the abyss looks long into you.........
From start to finish - my application took 4 weeks - submitted 22nd march, approved on 24th april. Was not a complex process and my architect and builder both recommended doing it rather than having any nasty surprises.
I simply asked Building Control the Q’s about what we proposed - took no time at all and they were very helpful TBH.m
When you look long into an abyss, the abyss looks long into you.........
Always worth getting confirmation from the LA that the work is PD even if you believe your development falls within the rules. Some properties have had their PD rights removed which you wouldn’t know without confirmation from the LA.
Call or better still pop in to your local planning department (not building control as Chris said) with your proposal & you should get an answer regarding PD there & then. My last planning application was straight forward but still took 10wks to turn around.
Correct - I had the conversation about changes to our work with the BC guy and he said that planning had no interest.
Originally Posted by Coronet king
When you look long into an abyss, the abyss looks long into you.........
Also don't forget that when you either come to re-mortgage the property or sell it you will need to convince others (especially their solicitors) it is all above board. I would make sure you have everything confirmed in writing before starting work, it just takes one neighbour to complain if you don't and the fun starts from there....
I would see the Duty Planning Officer at the LA to be honest, I'd also get a clear determination from them whether it is PD or not (I think that costs £75), I think a determination is way quicker than obtaining Planning Permission so probably around 4 weeks.
You do not have to use LABC if you don't want to for Building Reg's as there are loads of Approved Inspectors out there offering the same service.
Personally I'd put everything through the LA for piece of mind, after all what is a few hundred quid and a few extra weeks in the whole scheme of things when its your home you are dealing with.
Good luck OP.
Building Control Approval and Planning are two completely separate processes and need to be treated as such.
If you build onto your house without the required planning approval in place (either full planning application or PD if it is applicable to your intentions), then the question will certainly be raised by solicitors when you come to sell the house and the onus will be on you to prove that what you have built is lawful.
The same applies to Building Control approval too.
You should think of PD as just an 'abridged' version of a full planning application, so is less onerous in terms of the application document requirements and has a faster turnaround for the decision.
Do it right and do it now.
If you are handy with sketchup or similar, then there should be no reason why you MUST use an architect unless you want to, but a good one will generally add value to a design IMHO, unless you are just building a square box on the back of the house. They can also help with the building regs approval too of course.
Thank you for all the replies. Very good info. I have done a large project in the past, and we used an external company for the Building Regs, and will do the same this time around - we found them very helpful and reasonable.
Regarding the PD, I will make a call to the council and get their view.
Thank you also for the document linked above, that is actually very useful.
Will report back as I progress.
The PD rules are currently extended to permit a greater level of development than would be the case under the original Planning (General Development) Order; however there is a specific formal process to go through (mainly formal neighbour notification) to ratify this enhanced approach. I believe the extended provision is due to expire in Spring 2019, but the deadline has already been extended once (in 2016) so who knows if the same will happen again next year.
Two further points to check - if you are listed or in a conservation area the rules differ, and as noted below also it is not unheard of for all PD rights to be extinguished as a condition of the original planning consent for the property or across a whole area by way of an Article 4 directive.
In short, always check with the Local Authority Planning Department before you start a build - if its a clear cut small development then a Certificate of Lawful Development is not strictly required, but it certainly helps protect you if the development is ever questioned or when you come to sell.
BTW I work with Architects and Builders all the time; I have dealt with plenty over the years that I would not trust to get town planning advice correct.
As Maysie said below, Building Control is a totally separate issue.
Finally, don't forget about or ignore Party Wall legislation if applicable.
Depending on the age of the house also worth checking if the original builder inserted a clause that you have to get their permission (eg pay) for their permission for an extension.
So much to think about isn't there!?
The house has not had an extension before so the PD rights should not be removed. I am meeting a local architect on-site today to take some advice.
Posting Permissions