Assignment One Answers

1. You receive an enquiry by telephone from Mrs Thomas, of 14 Sackville Street Colne. She asks you what she needs to do to erect a front porch about 3x3x3.Write to Mrs Thomas, explain the procedures, regulations, charges and time – scales involved. In your letter explain Building Regulations and planning requirements and enclose any relevant information such as leaflets. Answer Mrs Thomas 14 Sackville Street Colne Lancashire Dear Mrs Thomas Re: Erection of Porch at 14 Sackville Street Colne Further to our conversation I am writing to advise you that providing the porch that you are proposing to build, is 30m² or less then you do not have to apply under the Building Regulations. This is in accordance with the Building Regulations 2000, Schedule 2. If the porch is above the stated 30m² then you would need to submit an application under the Building Regulations and a charge will be made. The charge for this would be an initial quotation of £130; this does not include inspection fees. You would also need to submit two plans as well as two outline plans showing the boundaries of your property and where the porch will be attached to your building. When the fees and application have been submitted to the Council, it may take up to 2 days before you receive your notification to start. Once you have received your notice then you can commence work. However, you must be aware that if you decide to install windows and/or a door in the porch, then they would have to be the correct type of glass and the enclosed information will guide you on this matter. Even though the porch may be exempt from applying under the building regulations, you may need to apply for Planning Permission. In accordance with the Planning Regulations if your porch has an external plan area of more than 3m², then you may need planning permission, however you will have to speak to a planning officer in order to clarify this matter. The fee for a planning application is £110 and a householder application form will be needed. Planning applications can take up to 8 weeks and may have to go to the relevant area committee before planning permission is granted or refused. Enclosed are the relevant details and leaflets which will give you a better understanding on what will be required if you were to construct a porch and guidelines as to what type of windows would be needed to be installed to comply with the regulations. The information will also help you to fill in the correct forms, which are also enclosed, as well as give you a guide on the costs of putting an application in and numbers to contact the relevant officers if you require any further information and guidance. I hope this assists you in this matter and if you require any further information then please do not hesitate to contact any of the officers on the numbers supplied in the leaflets. Yours sincerely Enc. 2. What legislation would be involved if Mrs Thomas had only a 2m wide garden, the porch was 3m wide and long? What advice would you give her? Answer Need to look at the Party Wall Act 1996 – However Building Control does not get involved with boundary disputes. They have no right to build on the other owners’ land without their consent. If they agree to the extension, then, this would mean that the neighbours should under section 1 of the Party Wall Act receive a 14 days notice before commencement of work. The expense of building the wall will also have to be discussed whether it would also benefit the neighbour and would depend on whether they pay for part of it. If they did not agree to it then, the applicant would only be able to build up to their boundary line. They would still have to inform the adjoining neighbours of the work to be carried out and commencement of work would only be valid for 1 year. They would have to give 1 months notice after planning permission has been granted. If any damage were created then it would be the person responsible to compensate the adjoining owners. 3. What sort of constructional details would be needed for the foundations, walls, door, windows and roof of the porch? Answer A plan would need to be submitted which would have to show the materials used and the measurements. It would have to show the area of the porch where the boundaries are in case it is on the adjoining land (See below for those notes). It would have to show where the porch would be attached to the building as well. It would have to include which type of glass needs to be used and where the windows would be in the porch. From a planning point of view they want plans which are very similar to Building Control. The procedure is usually shown in the application forms when requested. Planning request 5 plans with attached forms. These should include plans, which have existing elevations and layouts, location plan to 1:1250. Should have a location plan showing the boundaries of the site in red, the layout plans need to be 1:500 and will indicate where the divide is in relation to existing and neighbours and have proposed layouts and elevations in the same scale. Must show the scale on all the plans. The materials must be shown on the plans as well as on the planning application. They would have a checklist to ensure the plans were correct which is a similar process to what happens in building control. 4. What would be the implications if, one wall of the porch was on the boundary with 12 Sackville Street? Answer See question 2 5. Mrs Thomas also says that she is installing new windows and a new front door, what advice, can you include in your letter about this type of work? Answer See below on what advice would be given. 6. What sort of applications/permissions do you think will be needed by Mrs Thomas? Answer If the applicant was going to replace the existing glass in the windows and replace it with new glass then an application is not needed but if the applicant is replacing the windows and frames then an application is needed. If the work is carried out by a registered installer from FENSA (Fenestration Self – assessment Scheme) then Building Control will not be involved however if they do have to carry the above work out without a FENSA registered installer then Building Control does need to be involved. This will mean that a notice is sent out and the notice is called - The installation of Replacement Windows and/or doors. The application needs to be handed in 48 hours before the work commences. Also if the glazing meets the requirements for safeties glazing which are Break in a way unlikely to cause injury Resist impact without breaking Be shielded or protected from Impact. The fee for this would be on the provision that the cost of the porch does not exceed £10,000 then it would cost a total of £25.00. This would include inspection fees. If however if new windows are going to be installed then a notice does not need to be given however they would still have to conform to Part N guidelines. However because a porch is considered to be an unheated space then they do not need to put in the K glass which is recommended. A leaflet with the current charges would be included and the relevant details would be sent – however they would also be sent out anyway to answer the first question. 7. Two weeks later you receive a call from the neighbour Mrs Thomas saying that a building is going on and what are you going to do about it? What is the appropriate course of action in accordance with legislation and policy? Answer It would depend on whether an application was put in. If it had been put in and visits had started then we would say that everything is on hand, we are aware of the situation, we know what is going on and that the development is being monitored. If a building notice has not been handed in then a letter needs to be sent out and the people have started the work need to get in touch with us ASAP. Then a regularisation notice needs to be handed in and the fees need to be paid. However if a notice has not been handed in then we need to contact the applicant to inform them that we have received information that work has commenced and give them 21 days from the date of the letter sent out. An Enforcement letter 1 is issued and if they do not contact us within the specified time then and Enforcement letter 2 is then issued. This is then under Section 35 of the Building Act 1984 where “If a person contravenes any provision contained in building regulations… He is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine, not exceeding £50 for each day on which, the default continues after they are convicted.” Then once a section 35 has been issued then a Section 36 is issued to stop any work to carry on. If after that there is still no response then a report is created for the relevant committee. After that it is then agreed whether or not to take the matter to court it then goes to legal who, then issue a court notice. 8. Write to Mrs Williams the neighbour at No.12 explaining the situation. Answer Mrs Williams 12 Portland Street Colne Lancashire Dear Mrs Williams Re: 14 Portland Street Colne – Erection of porch Further to our conversation I am writing to inform you that we have been notified of the work carried out at the above address and we are aware of the situation. Regular site visits are undertaken to ensure the construction of the building is carried out correctly and safely. We cannot be involved with any boundary disputes and your neighbour will have to be contacted if any boundary issues arise. I trust this resolves any queries you may have 9. You receive an Initial Notice for the porch, what is your course of action and what legislation is appropriate? Answer An approved inspector is from a private sector companies or practitioners and are an alternative to the LABC. The approved inspector takes on the role of the BCO. This means that an initial notice is sent to the office notifying the office of the intended work. In accordance with Building Act 1984,Part 2 Sec 47{1). The approved inspector once the initial notice has been handed in then the relevant plans must be submitted with the notice and on the provision that it has been accepted by the LABC work can commence. It is pointed out though that an AI cannot enforce the applicant to carry the work out so if the applicant does not do what is requested then the only way in which it could be enforced was if we were notified and the LABC was to enforce it. In this case the Building Regulations have said that they are exempt from putting an application in therefore we can refuse the initial notice, as it does not apply to the regs. Under Building Regulations 1984, Part 2 Sec 47.(2b) 10. Write to the Approved Inspector to explain the situation. Answer Dear ……. Re: Initial notice – Erection of porch at 14 Sackville Street, Colne Further to your initial notice received on (Date given) I am writing to inform you that an application is not necessary for this type of work. In accordance with the Building Regulations Schedule 2 under exempt buildings and work, Class VII, the porch, providing the floor area is 30m² or less, is exempt from Building Regulations. I trust you will take into consideration the point outlined in this letter. Answers By MD January 2004