[Closed] Planning/unauthorised building question

this 'ere is what you need for 1) and 2)
http://www.communities.gov.uk/publications/planningandbuilding/developmentcertificates

3) building regs is not retrospective however any substantial works involving the old extension [i]might[/i] lead to a requirement to make changes to meet current regs - e.g. electrics. But that's a tricky area and your building control office is the best place for confirmation.

4) get the cert before selling then you're all good.

We have exactly the same thing - extension off the side of the house with garage/utility room and no record of planning or building regs. When we bought we had to get a waiver of a covenant from our next door neighbours on it, and we've since consulted a solicitor about it who told us all we need to do if we sell is take out insurance to cover the cost of any subsequent issues regarding planning for the buyer.

As Stoner says building regs is not retrospective but as I understand it significant change of use, e.g. to a kitchen, would require building regs approval and it's possible you'd have to do some upgrading to insulation etc. We've not touched our extension for that reason.

Thanks Stoner - I'll have a read.

Rio - would be happy to do extra insulation and would get the electrics and gas done 'proper' in any event.

Don't really want to spend lots of money on a new kitchen in the existing space when, for the sake of a few thousand extra on moving utilities and making any necessary structural improvements, we could get one twice as big with a lot more light (extension has wondows on two sides) etc in it.

if you're thinking of extending your kitchen in that room it will require a building regs application) possibly planning if you're in a listed building/conservation area) and any new work will have to comply.

You'd be better contacting a local architect/technician and discuss whats possible. they should offer an initial consulation/discussion for free so you can fully assess the costs. I do

if you have no contacts then local builders normally do.
As part of the application for the kitchen you should be able to incorporate the permission for that old extension into it. it would be VERY unlikely the council would insist on it coming down

really looking to put a kitchen in the extension and then remove the existing one altogether rather than link the two - would be no structural work involved (beyond maybe insulating with celotex and overboarding, I guess).

Is moving the kitchen itself a reason to apply for building regs or would certificates for gas and electric work plus getting the development certificate from stoners link be enough (is dev cert same as building regs?)

1) can the council still insist the extension is pulled down?

Not if you or they can prove it was built more than 4 years ago, this can be done legally by way of a Lawful Development Certificate, a little like a planning application but nowhere near as in depth.

2) if I apply for retrospective planning permission can it be refused and then I'm back to q 1) again?

Yes, a it would indeed be treated as a new development and all the consequences that would go with it. No point to it, see point 1.

3) can I just make sure it meets current building regs (or do I need to)? If I apply for building regs will they be approved even if no planning permission exists.

As mentioned previously, no need for retrospective building regs, howver you are advised to seek building regs approval for the kitchen you plan to build.

4) what would be the impact of doing the conversion regardless when we come to sell?

If it comes to light that you have built something that would have required planning permision but neglected to seek permission, it could become costly for you.

You'll only need permission to convert garage to kitchen if there is a previous restrictive planning conditions which prevents you from doing so. It sound to me very much like it won't have if it was built without permission.

My advice (as a planning officer) would be to apply for a lawful development certificate, even though the extension was not built with consent, it will absolve you of any responsibility for the extension. The planning dept will be able to determine that the extension was built over 4 years ago and you will have a legal decision that there are no conditions in place which would prevent you from converting the garage/kitchen into a kitchen.

cheers loddrik - it's currently a garage plus a separate room - we'd retain the garage (have to have somewhere to store my bikes!) and just convert the room behind into a kitchen.

I'll talk to the planning dept once I've got some details for them.

So, given that the flat roof leaks a bit over the garage end how much for a 30sq metre flat roof to be replaced and 'proper' insulation to be added?

fenboy has the idea consult someone local for plans drawn/and architectural/ building reg's advice (check friends for recommendations), or say which part of the world ur in and posts will follow!
Also worth checking if a pitched roof would work to reduce future maintenance, obviously just an idea as we can't see your extensions, post pics? May need structural work, but better than a flat roof leaking in a few years on new kitchen!

I live in Hove if anyone's got any local suggestions.

not sure about pitched roof as it would change frontal aspect of the house and probably cost more than I want to spend, tbh.

Not sure I want to post pics on public forum, sorry.

Fair enough; worth talking through with local 'experts', talk to a couple if you can. Good luck and enjoy the 'project'!

budget approx £1000 per sqm

£15K for the conversion + cost of kitchen you might do it cheaper if you do a lot yourself but the key is getting good advice first.

flat roof in single ply membrane is approx £50-60per sqm not inc insulation
don't bother with felt

building regs can be dealt with retrospectively it's called a Regularisation Application and can be used for work carried out post 1996 but most Local Authorities are not too bothered about the exact date.The regulations that are applied are those that were in force at the time the work was carried out.

Authority I work for as a building control officer find out about this sort of work all the time we serve notice on it and then if the Owner ignores us we wait until they want to sell it and find they need a completion certificate.

I'd apply for a Lawful Development Certificate but would have a chat with Building Control first without giving the properties address to see how they're going to treat it.

[i]£15K for the conversion[/i]

I'm a bit confused, we have a room that's curently got double glazed windows, central heating, is decorated to a reasonable standard and is used as a lounge type area so I'm not sure what conversion would need doing? The garage is separated from it by a brick wall and a door. There is a flat roof running along the top of both that could probably do with being redone.

I'm happy to slap some celotex on the walls and plasterboard over it but I can't see that as being structurally significant activity to the tune of £15k?

Adding insulation to a property should be done in a considered way not just slapped up.

Aside from that, if the room is currently being used as habitable space then changing it into a Kitchen isn't an issue. Changing the waste pipe runs may require approval - only if the maximum run lengths are exceeded. You'll also need either a hob extractor or other form of extraction but that's nothing dificult. The electrics would need to be signed off / certified by a 'Part P' certified person.

Other than that I can't think of any other liabilities under the Building Regs.

point taken re: insulation - I just thought if it were needed that effectively lining the room with cellotex would be the easiest way of doing it. There's probably a better way if it does need doing 🙂

Thanks re: other stuff - the waste pipes from the existign kitchen go through the room on the way to the drains and there's water and gas supplies not far away.

sorry i thought it was just a brick room at the back of the garage ie finished like the garage theres no mention of windows/heating being used as a lounge etc etc in your original post.

so what mk1fan says is correct