New Regs & Unfinished Housing

therightangle

Hello

Has anyone got an opinion (preferably in writing from Building Control) on whether unfinished housing can be signed off under the old building regulations when complete.

For example, say a 2008 build ran out of money but has been weather-tight, so internal work only left to do. There are a few of these for sale but local building control couldnt tell me whether they can be completed and signed off using the old substantial compliance certs, as the founds are unseen, etc.

Any thoughts?

mickman

therightangle wrote: »

Hello

Has anyone got an opinion (preferably in writing from Building Control) on whether unfinished housing can be signed off under the old building regulations when complete.

For example, say a 2008 build ran out of money but has been weather-tight, so internal work only left to do. There are a few of these for sale but local building control couldnt tell me whether they can be completed and signed off using the old substantial compliance certs, as the founds are unseen, etc.

Any thoughts?

Im in this EXACT same boat , even the year it was built is the same :-)

My findings are that if there is no commencement notice required then the new 2014 reg's are not relevant. You wont need an assigned certifier either unless your bank demands it , some do and some dont.

Bank will also look for a cert of compliance to planning and buildindg reg's. This prob wont be there for you so the vendor should pay an engineer to write a cert of "opinion" . The bank and solicitor will accept this but then its up to you to see if you are happy with not having any info on hte foundations etc.

Myself , I have the certs of opinion but will likely get some holes dug to check the foundations to get piece of mind.

Strolling Bones

mickman wrote: »

My findings are that if there is no commencement notice required then the new 2014 reg's are not relevant..

But transitional arrangements of the TGD's kick in.
Example - a house started in 2008 conceivably needed only comply with TGD L 2005 - no need for renwable energy installation such as solar panels. No need for air permeability test.

A house only completing today - irrespective of it's start date - has to comply with TGD 2011. Tough U Values - renweable enregy installation and and air permeability testing - required.

mickman

Strolling Bones wrote: »

But transitional arrangements of the TGD's kick in.
Example - a house started in 2008 conceivably needed only comply with TGD L 2005 - no need for renwable energy installation such as solar panels. No need for air permeability test.

A house only completing today - irrespective of it's start date - has to comply with TGD 2011. Tough U Values - renweable enregy installation and and air permeability testing - required.

Might be a grey area but I would guess thst not many are confirming to that

My house has solar anyway

matrat

Depends on county council. I am in the process of completing a half built house, started in 2010. A change of house type was submitted and council approved and stated in conditions that it must be built in accordance with parents (2005) planning.

I know of another project in a neighbouring county were the council put new conditions that it has to comply with current regs.

Strolling Bones

matrat wrote: »

parents (2005) planning.

is completley different to

matrat wrote: »

current regs.

matrat

Strolling Bones wrote: »

is completley different to

Yes, that is my point, one county insists any new house be built to meet current regs, the other is happy for new constructions to be built in accordance with regs applicable at the time the original planning was granted. Is one area in my local town were a batch of 9 sites were sold with granted planning from 2002. These houses may now be built to only comply with the old old regs

sydthebeat

No you are wrong. Sounds to me as if your confusing planning conditions with building regulations

matrat

sydthebeat wrote: »

No you are wrong. Sounds to me as if your confusing planning conditions with building regulations

Sorry, all i know is that it is the building control authority's, i.e. the county council, job to oversee and enforce the building regs, one county is actively enforcing this and the other is not. Per common sense, the house in my county is still being built to an A3 level but i do know of others being built at the moment to old regs. Right or wrong, this is the reality of what is being done.

Gumbo

matrat wrote: »

Yes, that is my point, one county insists any new house be built to meet current regs, the other is happy for new constructions to be built in accordance with regs applicable at the time the original planning was granted. Is one area in my local town were a batch of 9 sites were sold with granted planning from 2002. These houses may now be built to only comply with the old old regs

Planning only lasts 5 years. How are they only building now? Have they applied for extension of durations?

Also if they haven't already started and lodge a commencement notice now, then they are 100% liable for the new regulations.

If you think they are cheating the system report them to the Building Control section, the department of environment and the LGMA.

Gumbo

therightangle wrote: »

Hello

Has anyone got an opinion (preferably in writing from Building Control) on whether unfinished housing can be signed off under the old building regulations when complete.

For example, say a 2008 build ran out of money but has been weather-tight, so internal work only left to do. There are a few of these for sale but local building control couldnt tell me whether they can be completed and signed off using the old substantial compliance certs, as the founds are unseen, etc.

Any thoughts?

If this was in dublin, they would be under the old buikding regulations.

Strolling Bones

matrat wrote: »

Yes, that is my point, one county insists any new house be built to meet current regs, the other is happy for new constructions to be built in accordance with regs applicable at the time the original planning was granted. Is one area in my local town were a batch of 9 sites were sold with granted planning from 2002. These houses may now be built to only comply with the old old regs

Absolutely and completely wrong. You are mistaken.

A local authority may grant an extension of planning permission saying something like " the original conditions apply"meaning planning permission conditions. But they cannot vary building control regulations whose applicability is set by department of environment

mickman

matrat wrote: »

Yes, that is my point, one county insists any new house be built to meet current regs, the other is happy for new constructions to be built in accordance with regs applicable at the time the original planning was granted. Is one area in my local town were a batch of 9 sites were sold with granted planning from 2002. These houses may now be built to only comply with the old old regs

Its strange that a site with planning permission only and no actual house is being made build to old regulations - maybe its to do with the waste / water systems in the estate etc.

If a house were on the site and needed finishing it would make sense to finish to old reg's but if there was no house on the site and planning had expired then you would think that they would insist on the new reg's

Strolling Bones

mickman wrote: »

Its strange that a site with planning permission only and no actual house is being made build to old regulations - maybe its to do with the waste / water systems in the estate etc.

If a house were on the site and needed finishing it would make sense to finish to old reg's but if there was no house on the site and planning had expired then you would think that they would insist on the new reg's

The law binds them to so insist

mickman

Strolling Bones wrote: »

The law binds them to so insist

so the law is that people build or finish a house to the building reg's that were present at the time of the planning permission grant ?

sydthebeat

mickman wrote: »

so the law is that people build or finish a house to the building reg's that were present at the time of the planning permission grant commencement or substantial completion?

FYP

mickman

sydthebeat wrote: »

FYP

FYP ?

sydthebeat

Fixed your post

... short for, i was too lazy to type the whole sentence out

mickman

sydthebeat wrote: »

Fixed your post

... short for, i was too lazy to type the whole sentence out

ok thanks :-)

Strolling Bones

mickman wrote: »

ok thanks :-)

And the answer to your corrected question is yes

mickman

Strolling Bones wrote: »

And the answer to your corrected question is yes

sound. A simple answer to a question that was proving very difficult for me to get an answer to