Building Control and Extensions
I instructed an approved inspector/private building control for my rear extension. There was a bit of confusion about the paperwork and apparently the notice didn’t go to the council quite as soon as I thought. The builders started and someone from the council came round and said I had lost my fee with the approved instructor and I have to pay them as well. What is going on? It doesn’t seem fair.
I am sorry to say that the council are legally correct, if works were commenced within five days of them receiving the initial notice from the private building control body. I agree that it does seem bureaucratic and perhaps a little opportunistic but the regulations are clear on this point. Just what constitutes a start, legally, is not always clear cut. For example, simply occupying the site and minor strip-out works don’t count but removing tiles for a loft conversion or digging foundations may well do. The safest bet is to wait the statutory five days. I appreciate that you had the best intentions but, unfortunately you appear to have fallen foul of a technicality, which the building control body have used to get the job. An approved inspector would probably provide a partial refund – it is not an uncommon circumstance.
I am intending to build a rear extension, 1.5 metres away from the boundary line. I understand I need to serve a party wall notice, no problem there. My builder wants to take down an aging boundary wall, as it will probably fall down anyway, when the new foundations are dug. Also, it will be hard to build with it there. I don’t know whose wall it is, neither does my neighbour. They like their wall and don’t want to take it down. What can I do?
The Party Wall etc. Act 1996 does give a right to carry out works, including building a new wall on the boundary. It sounds like this wall will have to be demolished and re-built as part of the work. Some may argue as to whether this is, strictly speaking, works in pursuant of the Act or necessary to carry out works you are entitled to do (such as new foundations). I think that is a shame when one has to rely on legal rights solely but you are quite right to look into what the law says on this point. The best approach is what you seem to be what you doing i.e. discussing and negotiating with the neighbours. Ultimately, you could probably force their hand but a lot does depend on the situation i.e. where the boundary is in relation to the wall and who owns it.