Building Regulations- Regularisation

[kurnal]

If applying for regularisation of unauthorised building work carried out in the past (in this case a loft conversion carried out before 2006) which version of the ADB should be used as a benchmark - that contemporary to the unauthorised work or the latest version of the ADB?

[Clevelandfire 3]

Those which were prevailing at the time

[wee brian]

http://www.planningportal.gov.uk/uploads/odpm/4000000011249.pdf

Para 6.9 - although the regs themselves are pretty vague

[kurnal]

Thanks to both of you

[colin todd]

Big Al, I think it should be todays version that applies.  Did you not ask people down at the Matlock Arms, where you always stopped to feed the horses before returning home station?

[colin todd]

Wee B I know what the document says but are you sure that's right. How will you know when the work was carried out. Would you be happy for a current cert (in effect0 to be issued for work that is patently well short of current standards. You will also find that some LAs make it clear that they will only regularise to current standards.

[wee brian]

Like I say, the regs aren't very clear. Personally I think it should be the current standards that are applied but the only official advice is in that guide.

Maybe the best advice is to double check what the council's policy is.

[colin todd]

I have acted for BCBs in regularisation cases. I have always taken the view that the benchmark is the current ADB. The LAs have never argued about this.  However, I am aware some LAs talk about it being the Regs at the time but others make it clear (eg on their websites) that they will only regularize to the current standard.  Those that say differently cut and paste from the guidance, so it is all cloned advice that I think is inappropriate.

[col10]

"so far as is reasonably practicable, a plan showing any additional work required to be carried out to secure that the unauthorised work complies with the requirements relating to building work in the building regulations which were applicable to that work when it was carried out (in this regulation referred to as "the relevant requirements")." Copied and pasted from Reg 18.

[kurnal]

Interesting and well spotted Colin thanks

[colin todd]

... and the LA can ask for work to make sure that the relevant requirements are met.  It does not say which relevant requirements-todays or yesteryears.  This has always been ambiguous and is interpreted differently by different LAs.

[kurnal]

Is this another example of local authorites gold plating Regulations or is there merit in their interpretation? A reasonable standpoint would be to enforce to the standard that was in force at the time the unregulated work was carried out.  

If it were otherwise then there would be an argument for making changes to the Approved Documents apply retrospectively to existing buildings. Some updates are not universally considered  improvements, for example  no doubt BS9991 in its entireity will be incorporated into the ADB on its next review.
Regularisation is an unusual situation, there is often little benefit for the applicant and to make it too onerous will simply reinforce the staus quo and leave an unsatisfactory building in use. As in the case in question, in which a rigid  interpretation and code hugging rather than pragmatism by the local authority has simply led to the application being withdrawn and the building remaining less satisfactory than it might otherwise be. (Unauthorised domestic loft conversion completed 2007 so on researching the back ground to the case in point, my  argument over the contemporary guidance turned out to be a red herring in this particular case-  though interesting nevertheless).

[wee brian]

I dont think there's a mechanism for withdrawing regularisation applications - they might have trouble selling the house

[kurnal]

But similarly is there a mechanism for enforcing it once made?  The status quo is that the only building work carried out was completed 7 years ago and no further work is being proposed- so what is there to enforce?

[colin todd]

Wee B is right, it is not an enforcement issue, Big Al, as they cant take action so long after.  but they might have a problem selling the house.  Last one I did for an LA, I recommended that the loft conversion be modified to current standards for regularisation.  Not gold plated-they should not have done unauthorised work in the first place.  Take it to its ultimate conclusion, you could otherwise, regularise a link balcony to the flat next door if someone disestablished the proper MoE from a maisonette.