Will Building Control Regulations apply ?

henryd65

Hello,

We are looking at purchasing a house.

The house is in 2 parts - the front part was built in c. 1880. The back part, an extension was built c. 1970.

The condition of the back part is not great and we are looking at the possibility of knocking and rebuilding that part. The shape and layout of this part would remain the same.

My question - will the building control regulations apply in this situation ?

thanks.

Gumbo

Is the house connected to an adjoining property?
Will it need planning to do what you want to do?

henryd65

kceire wrote: »

Is the house connected to an adjoining property?
Will it need planning to do what you want to do?

The front of the house is connected to another property.
The back part, which we intend to rebuild, is not attached.
I don't believe planning is required as we are replacing like for like, identical openings etc.

Gumbo

henryd65 wrote: »

The front of the house is connected to another property.
The back part, which we intend to rebuild, is not attached.
I don't believe planning is required as we are replacing like for like, identical openings etc.

Demolition of a structure which is adjoining another structure not in your ownership.

I'd double check the planning requirement.
Then a commencement notice may apply if you have to carry out temp structural works to protect both structures.

So the building control regs may come into, the technical requirements of the building regulations definitely come are required.

henryd65

kceire wrote: »

Demolition of a structure which is adjoining another structure not in your ownership.

I'd double check the planning requirement.
Then a commencement notice may apply if you have to carry out temp structural works to protect both structures.

So the building control regs may come into, the technical requirements of the building regulations definitely come are required.

Thanks.

Just to clarify, the part we plan to demolish and rebuild is not connected to another property.

Angry bird

40 Sq. Metres can demolish and rebuild under planning exemptions. Terms and conditions apply for rebuild. All assuming not a protected structure or in some conservation area.

henryd65

Angry bird wrote: »

40 Sq. Metres can demolish and rebuild under planning exemptions. Terms and conditions apply for rebuild. All assuming not a protected structure or in some conservation area.

No issues re protected structure/conservation area.

Do you know where I can find about the terms and conditions re rebuild ?

Thanks.

Angry bird

Ah, actually when I check it, because you're attached to another building, even though it's not the bit you're looking to demolish, that the demolition exemption is not available for you. The relevant bits from the Planning & Development Regulations 2001, as amended are:

Class 50:
a) The demolition of a building, or buildings, within the curtilage of -
i) a house,

Conditions:
1. No such building or buildings shall abut on another building in separate ownership.
2. The cumulative floor area of any such building, or buildings, shall not exceed:
a) in the case of a building, or buildings within the curtilage of a house, 40 square metres.

CLASS 1
The extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house.

Conditions:
1. (a) Where the house has not been extended previously, the floor area of any such extension shall not exceed 40 square metres.
(b) Subject to paragraph (a), where the house is terraced or semi-detached, the floor area of any extension above ground level shall not exceed 12 square metres.
(c) Subject to paragraph (a), where the house is detached, the floor area of any extension above ground level shall not exceed 20 square metres.

2. (a) Where the house has been extended previously, the floor area of any such extension, taken together with the floor area of any previous extension or extensions constructed or erected after 1 October 1964, including those for which planning permission has
been obtained, shall not exceed 40 square metres.
(b) Subject to paragraph (a), where the house is terraced or semi-detached and has been extended previously, the floor area of any extension above ground level taken together with the floor area of any previous extension or extensions above ground level
constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 12 square metres.
(c) Subject to paragraph (a), where the house is detached and has been extended previously, the floor area of any extension above ground level, taken together with the floor area of any previous extension or extensions above ground level constructed or erected after 1 October 1964, including those for which planning permission has been obtained, shall not exceed 20 square metres.

3. Any above ground floor extension shall be a distance of not less than 2 metres from any party boundary.

4. (a) Where the rear wall of the house does not include a gable, the height of the walls of any such extension shall not exceed the height of the rear wall of the house.
(b) Where the rear wall of the house includes a gable, the height of the walls of any such extension shall not exceed the height of the side walls of the house.
(c) The height of the highest part of the roof of any such extension shall not exceed, in the case of a flat roofed extension, the height of the eaves or parapet, as may be appropriate, or, in any other case, shall not exceed the height of the highest part of the roof
of the dwelling.

5. The construction or erection of any such extension to the rear of the house shall not reduce the area of private open space,
reserved exclusively for the use of the occupants of the house, to the rear of the house to less than 25 square metres.

6. (a) Any window proposed at ground level in any such extension shall not be less than 1 metre from the boundary it faces.
(b) Any window proposed above ground level in any such extension shall not be less than 11 metres from the boundary it faces.
(c) Where the house is detached and the floor area of the extension above ground level exceeds 12 square metres, any window proposed at above ground level shall not be less than 11 metres from the boundary it faces.

7. The roof of any extension shall not be used as a balcony or roof garden.

henryd65

Thanks Angry bird, I appreciate the detailed reply.

I am concluding from what you have posted that planning is required, is that correct ?

Angry bird

If you're demolishing, yes.

Gumbo

henryd65 wrote: »

Thanks Angry bird, I appreciate the detailed reply.

I am concluding from what you have posted that planning is required, is that correct ?

And if so, then the Building Control Regulations apply

henryd65

Thanks,

This seems to be a lot of trouble for essentially improving what is there already and with an identical look.

Angry bird

Not necessarily. One can obtain planning permission to demolish and afterwards a declaration of exemption for an extension. This way, no building control regulations.

Gumbo

Angry bird wrote: »

Not necessarily. One can obtain planning permission to demolish and afterwards a declaration of exemption for an extension. This way, no building control regulations.

Longer, more drawn out process. 12 week planning process. Then 5 week Section 5 process.

May as well just apply for planning for demolition and rebuild then lodge a standard short form commencement notice. No Assigned Certifier required btw.