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Can The Council Remove A Medically Agreed Original Downstairs Toilet? in The AnswerBank: Law
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Can The Council Remove A Medically Agreed Original Downstairs Toilet?

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Percy1981 | 19:22 Sat 15th Feb 2025 | Law
15 Answers

I have just recieved the keys to a property that i agreed needed 2 toilets for medical needs. I viewed the property whilst both toilets were connected. I signed the tenancy and on collecting the keys popped in to make sure everything was safe. I went into the downstairs toilet to find it capped off completely. The council are saying it didn't meet building regulations so they removed it in favour of a storage room. The room is 1380mm x 800mm, it has a window, sewage connection and running water connection that have now all been capped. After looking at UK regulations I can see a downstairs toilet in a 1950s property should be minimum 1300mm x 700mm with all of the above requirements plus ideally an extrator fan. I feel like I've been duped into a property that is totally unsuitable for my needs and need to fight my corner to have the toilet put back (the door opens outwards along the long side wall and is a standard size opening).

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Council housing is heavily subsidised by the council and the reality is, far from being a money spinner for the council, it is a financial burden most councils would got shot of if they could.The Localism Act of 2011 ensured that every penny in council rent is spent on council housing.Regarding your downstairs loo, please contact the Adult Social Care for an...
17:23 Sun 16th Feb 2025

I'm sure a legal expert will comment soon, but it seems to me that if the room breaks regulations it'd need to be enlarged first. Meanwhile you may have a case against the inspectors you used for not spotting the issue.

If you are unhappy with a place you are renting, give up the tenancy and rent somewhere that has what you need?

Your loo exceeds current minimum size so I don't understand why it's been capped off.

If you need it for medical/health reasons contact adult social care at your council and ask for a needs assessment 

The coucil usually removed any additions or improvements because they don't want the cost of maitaining them.

Question Author

Whilst I appreciate being told to give up the tenancy, it's not as simple as that and there is a legal issue here. Also removing something that has already been agreed prior to signing a tenancy seems to be underhanded and there has to be a legality here as well. 

Question Author

The downstairs toilet is an original fixture of the house from when it was built not a modification.

Council's ride roughshod over the general public because they can get away with it. We are merely a source of revenue.

Council housing is heavily subsidised by the council and the reality is, far from being a money spinner for the council, it is a financial burden most councils would got shot of if they could.

The Localism Act of 2011 ensured that every penny in council rent is spent on council housing.

Regarding your downstairs loo, please contact the Adult Social Care for an assessment.  If you need a downstairs loo the council will either have to reinstate the one that was there, create a new one or move you to more suitable accommodation.

Failing that you could privately get the downstairs loo reconnected, it shouldn't be impossible if it is just capped off.  Hope the council doesn't notice.  You would have to remove it if you move house though.

Maybe building regs require a toilet to be separated from another room by a ventilated lobby. My downstairs loo doesn't comply with that rule, but it's owned by me and wouldn't come to the attention of the council. If the council are responsible for the property then maybe they need to confirm compliance with current regs.

//Maybe building regs require a toilet to be separated from another room by a ventilated lobby//

I think that used to be the case but no longer applies.

Yes, that rule was scrubbed quite a while back. There are some new builds with toilets opening directly in to the living room or kitchen.

It certainly used to be the rule that there had to be at least 2 doors between the toilet and kitchen. In the house that my wife was brought up in there was the bizarre situation where the toilet was built next to the kitchen so, to satisfy the 2-door rule, the toilet door was on the outside of the house. In other words, they had an indoor toilet but you had to go outside to get to it.

There are some council houses in Birmingham like that, bhg, but the council has since bricked up the external doors and opened up a door between kitchen and bathroom.  I don't know if they've done every house built like that. 

percy, i think what im saying is that the council will do whatever it wants to, regardless of your needs. even if you can change their mind, it'll be a while before it's actioned so if you have a need, youd be betterboff finding a place that meets it and renting that instead

Get yourself a lawyer who likes a fight with city hall if it's a council house or if private get a plumber to make good.

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