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Relocating a non-compliant staircase

  • 15-06-2019 12:09pm
    #1
    Registered Users, Registered Users 2 Posts: 3


    I am considering some works on a holiday home where the existing stairs to the 1st floor bedrooms are not compliant with current regulations (too steep and narrow) but were allowed in the initial planning from when the house was built, long before our time.
    I would like to relocate the existing stair unit from where it is currently located (beside the cooker) to the hallway. It would be easily done and a clear safety gain. UK building regulations have a clause that allow amendment to pre-existing features that are not compliant with current regs as long as the amendment does not worsen the status quo...does anyone know if there is a similar clause anywhere in the Irish regulations? All I can find is provision for repair or renewal. A staircase compliant with the current regs would not fit anywhere in the house as it is at the moment. It seems to rest on whether moving an existing stair is a "material alteration" - if it is not then the regs don't apply. I want to avoid causing a problem down the line if we were to sell the property, but I really don't want to have the expense of architects and a planning application if I can avoid it, especially if the outcome is likely to be negative.


Comments

  • Moderators, Society & Culture Moderators Posts: 40,357 Mod ✭✭✭✭Gumbo


    Planning not required as its an internal change.
    Moving the stairs would be fine as long as you create a greater contravention.

    The problem with selling is, you'll have to sign a declaration that no works were carried out, or mention that the stairs was moved. In that case a buyers surveyor may request a Certificate of compliance with Building Regulations.

    My opinion is that as long as you keep the stairs angle, riser and going the same or better, and then move it to a safer location, you are fine.


  • Registered Users, Registered Users 2 Posts: 3 emmyroo


    Thank you for that. I hadn't come across the notion of 'greater contravention' but I googled it thanks to your reply.
    Two follow on questions:
    It seems to have been in the 1997-2008 Building Regulations...do they still apply?
    and if so,
    Would a cert from a builder stating that no greater contravention of the regs had occurred when relocating the staircase satisfy a conveyancing solicitor?
    The planning that grants the original ladder staircase is quite recent as the original was built on the basis of outline pp and had to get retention before selling so there shouldn't be any difficulty demonstrating that there had been no greater contravention if so.
    Thanks again.


  • Moderators, Society & Culture Moderators Posts: 40,357 Mod ✭✭✭✭Gumbo


    emmyroo wrote: »
    Thanks you for that. I hadn't come across the notion of 'greater contravention' but I googled it thanks to your reply.
    Two follow on questions:
    It seems to have been in the 1997-2008 Building Regulations...do they still apply?
    and if so,
    Would a cert from a builder stating that no greater contravention of the regs had occurred when relocating the staircase satisfy a conveyancing solicitor?
    The planning that grants the original ladder staircase is quite recent as the original was built on the basis outline pp and had to get retention before selling so there shouldn't be any difficulty demonstrating that there had been no greater contravention if so.
    Thanks again.

    Current Part K is a 2014 document.
    A builder cannot issue a certificate of co pliable with building regulations. You will need the appropriate professional, architect, engineer or building Surveyor. Some technicians also carry the required PI to issue opinions also.


  • Registered Users, Registered Users 2 Posts: 3 emmyroo


    That's been so helpful - thank you.


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