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what is the process for planners to check the build complies with the plans?

  • 03-11-2007 2:35pm
    #1
    Registered Users, Registered Users 2 Posts: 37


    Hi

    I'd like to know what the process is for planners / County councils to check that someone is building a house to the agreed plans? For example if I get planning permission to build a 10 metre high house with no attic windows, what happens if I build the house 11 meters, add in attic windows or make other changes that are not on agreed plans (ie. plans that have been granted full planning permission)?

    Do planners come out and inspect during the build? Is the builder / Architect / Engineer suppose to sign off to say the house is built to plans specification exactly?

    Is there any room for changes when building starts?

    Thanks.
    TDIMAN


Comments

  • Registered Users, Registered Users 2 Posts: 46,556 ✭✭✭✭muffler


    Im open to correction on this as I can only speak as to what happens in Donegal but here you will not see the planners again after permission is granted - unless someone reports you for breach of conditions.

    Your query effectively is in the hands of your architect/engineer/technician. They will have to issue a certificate of compliance with planning permission and its on their shoulders that the responsibility lies - well almost. Any deviations from the plans could be picked up on if ever you went to sell or possibly even remortgage. Its your house at that stage and its you who would be responsible for regularising any issues of non compliance.

    My advice would be to discuss this with your "supervisor" in advance and be guided by them but do ask the question about a possible sale scenario in the future. Most will certify minor changes. Its a bit of a catch 22 situation as your supervisor will tell you to stick to the plan or go back in for permission for any alterations if he/she thinks that something could fall back on them in the future particularly when you ask about selling at some later time..

    If you wanted to play it half safe you could first of all discuss any revisions with the planner who dealt with your application and then suggest a minor amendment (covered by way of a letter, revised plan and small fee.). I dont think anyone would see 500mm increase in roof height as being a problem but a metre is a fair wee bit to contend with.


  • Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    Our local authorities do not have the resources to check buildings for compliance with planning ( or building regulations ) as a matter of course .

    If a site gets a visit from the authorities most likely the reason is that somebody has notified the enforcement section .

    Local authorities do have wide ranging powers to enter properties and even have work opened up to check compliance ( with B regs ) . They are rarely exercised .

    Local authorities have an informal "target" to insect 15% of sites during construction . In 12 years of practice in Ireland a have had only one , cursory ten minute visit to a site by a building control officer where the only thing to "happen" was that the officer took some drawings away for "reference" . During my previous 10 years of working in the UK every project I worked on was routinely visited . Works were opened up checked and from time time altered at the officers direction .


    Compliance with 1. planning and 2. building regulations in Ireland is really only "checked" routinely during conveyancing . The Law Society requires solicitors to look for "Certificates of Compliance " ( I shall call these "certs" for shorthand from this point on ) from the seller .

    Architects , Engineers and Surveyors issue these , where they can . What I mean is if that if no such professional was appointed during the construction phase they can not offer a cert for b regs .

    Certs for planning can be issued by professional that were not involved in a project , but o often they are qualified . Example - some planning conditions ( like for instance " below ground drainage must be installed to local authority requirements " ) can not be deemed to be complied with without destructive opening up works , so those conditions if they form part of the planning permission will be specifically excluded from the cert .

    The RIAI was advised by a leading law firm recently that up 50% of properties are conveyed with any certs . There is no legal requirement for certs . As I said earlier solicitors look for certs . The seller may declare that no certs will be furnished . In the case of volume housing and apartments usually the developer will have retained professionals and certs issue . In the case of 1 off houses , the picture is far pathcier .

    I have made comments ( 9 + 13 ) in this thread which is similar in nature

    http://www.boards.ie/vbulletin/showthread.php?t=2055174673


  • Registered Users, Registered Users 2 Posts: 1,570 ✭✭✭Builderfromhell


    In my experience as an Architect/builder you should not expect an Architect or Engineer to certify work as being 'substantially in compliance' if you increase ridge height by 1m. Normally, I would send revised drawings to planning to get a letter from them agreeing with minor alterations. However, raising the ridge height by any distance would require a new planning application. The planning office has no choice but to insist on this whereas a minor change could be agreed and accepted in writing by the planning office.


  • Registered Users, Registered Users 2 Posts: 37 tdiman


    So, do this mean people can make 'small' changes to the building and if the build / architect / Engineer doesn't see a problem with it, it can go ahead.

    The only problem here is if you want to sell the house, the plans with permission will be different from the house?

    I understand the 1 meter to the ridge height is a big change, but what about adding a window to the side of the house at the attic level? Or changing a regular window at the side of a sun room into a different shape window?

    I've heard the council in my county are very restrictive when it comes to making changes, so just wondering whaat my options are.


  • Registered Users, Registered Users 2 Posts: 6,511 ✭✭✭secman


    I actually know someone who raised his wall plate level by 2 courses and did same with his garage. Then one day he got a letter from the CoCo instructing him to stop work on the house. It was being 2 nd fixwd at his stage, he had to apply for retention, and it held him up for 8/9 weeks. He ended up getting permission retain. This happend in Wexford in Aug 2006 . So moral of story is that you are taking a chance, most likely a long shot getting caught. But I wonder would your Architect be happy to sign off ? As he /she will have alot more dealings with the CoCo in the long term.

    Secman


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  • Registered Users, Registered Users 2 Posts: 39,902 ✭✭✭✭Mellor


    In relation to selling a house, shouldn't the statue of limitation in terms of retention apply to any work carried outside the plans. If so, as long as you are selling outside this time period the work is ok in terms of value and retention.


  • Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    Mellor wrote: »
    In relation to selling a house, shouldn't the statue of limitation in terms of retention apply to any work carried outside the plans. If so, as long as you are selling outside this time period the work is ok in terms of value and retention.


    posts 13 +14 of this thread refer ....
    http://www.boards.ie/vbulletin/showt...p?t=2055174673


  • Registered Users, Registered Users 2 Posts: 46,556 ✭✭✭✭muffler




  • Registered Users, Registered Users 2 Posts: 39,902 ✭✭✭✭Mellor


    Seen those, thats why I said SOL this time as the exact time may differ depend on circumstances. But I think the comments regarding SOL and retention/certs still applies. If you are selling inside this you may be in a retention situation.


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