BUILDING REGS

[maclarencat]

If I build a balcony (doesnt require planning permission I have asked) what would happen if I didnt get building inspector to check structure?

[The Builder]

I'm pretty sure B Regs is needed legally Mac. Apart from leaving yourself open to prosecution and/or having to remove it .............. if you eventually sell, the buyers might ask for a B Regs completion certificate. Without one, I doubt if they would report you, but you could easily lose the sale.
A lot of people get away with it OK .......... but on the other hand ...............

[maclarencat]

Hi Builder. I know I am supposed to have them but I was told that after 4 years you didnt need them.Is this true or urban myth? I have no intention of moving I think this is our forever house. I confess that we have already built the balcony and we did apply for building regs but got a jobsworth. You know the kind " I dont agree with your structural engineers calculations the holes for the supports need to be 1cm deeper"!Then when he came to look at the hole he decided that we were too near to a drain even though it had been shown on the plans. Eventually we did everything he said but when the builder fabricated the balcony he made it 18inches shorter and 2 feet wider than he should have done (no idea why). At that point I know we couuld have sent him away to refabricate another but had lost the will to live by then so let him erect it. This happened 2 years ago. Builing regs office has not been in touch and we never contacted them again. I am not worried about safety It is a very substantial structure and structural engineer says will hold about 100 people and will never move
Just bothered that building inspector may suddenly turn up and make us take it down

[The Builder]

Well Mac ............ no wonder you lost the will! Building Inspectors are usually only too pleased to let a Structural Engineer take responsibility. If your Engineer is confident in his calcs, I would be inclined to take it to the Chief Building Control Officer........... they have a complaints proceedure.
They're not likely to contact you, unless they have a purge on all "open" cases i.e. ones like yours that have not been completed. That's not definite ....... but most common.
The 4 years applies to Planning infringements. As far as I know, there is no "statute of limitations" on B Regs liability, I'm afraid.
B Regs liability passes to any new owner as I guess you know, but if you don't sell ...

"Too near a drain" ............... your drain or a public sewer?
Did you apply with "full Plans" or a Building Notice??

[maclarencat]

Hi
Yes our drain and we submitted full plans as we had them drawn expecting to have to have planning permission but planning said not just building regs.

[buildersmate]

I don't believe BC will force you to take it down (unless they declare it structurally unsound - which is pretty unlikely). They won't chase it up - even if you did it by full drawings package - the onus seems to be on the applicant to tell them when it is ready for final inspection. There is no time limit to this - as The Builder says (you are confusing the 4 year rule with planning violations).
If you have the signed-off structural calcs from the Structural Engineer, keep them.
There is every probability that when you do eventually sell the property, the buyer's solicitor will ask for every scrap of Planning and Building Regs history - which of course will be lacking in respect of the balcony foundations. Nevertherless if x years have passed by that time with no sign of subsidence movement, you would relatively easily be able to purchase an indemnity insurance for less than £200 in respect of the shortfall. That's what I'd do have BC had got difficult about it.
The Builder may have better suggestions............

[maclarencat]

Thanks buildersmate I think that is what I will do. I have kept all the calculations plans letters etc. and as I said we have no intention of moving . thamkyou

[The Builder]

OK Mac ............ I totally agree with Buildersmate. I've bought Indemnity Insurance many times. As he said, a one-off payment of around £200. I've never used it on B Regs matters. It's never come up. It's part of my job to head off any likely dispute with BC............. but, odd Planning matters and legal restrictive covenants etc .......... yes definitely.
It would certainly be the right thing for you ....... IF it ever came up.

[maclarencat]

Thankyou to both of you . You have put my mind to rest.