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Building Regulations
We own a leasehold property which we purchased from the council on a right to buy scheme over five years ago.
We have recently accepted an offer, and we have agreed and we have put an offer in on a property.
Today our solicitor emails and said the buyers solicitor has some questions.
Our property was a two bedroom maisonette, but as we had a girl and a boy the second bedroom didn’t fit our lifestyle. The second bedroom was a massive room with one doorway in the hall, and a big walk-in wardrobe in the middle with a door. We got a local builder in he dismantled one side of the wardrobe, and door and continued the wall and put in two doors to the hall, no radiators, lights, electrics were moved or anymore put in.
The buyers solicitor says we should have had building regulations and permission from the council and we should get this in retrospective. How long will this take and do we need it, should we have got it?
Also we need a revaluation by council for council tax, why?
So, where do I start what do I do? Is my buyer gonna pull out?
Please can someone help! This is so stressful
Thanks in advance
We have recently accepted an offer, and we have agreed and we have put an offer in on a property.
Today our solicitor emails and said the buyers solicitor has some questions.
Our property was a two bedroom maisonette, but as we had a girl and a boy the second bedroom didn’t fit our lifestyle. The second bedroom was a massive room with one doorway in the hall, and a big walk-in wardrobe in the middle with a door. We got a local builder in he dismantled one side of the wardrobe, and door and continued the wall and put in two doors to the hall, no radiators, lights, electrics were moved or anymore put in.
The buyers solicitor says we should have had building regulations and permission from the council and we should get this in retrospective. How long will this take and do we need it, should we have got it?
Also we need a revaluation by council for council tax, why?
So, where do I start what do I do? Is my buyer gonna pull out?
Please can someone help! This is so stressful
Thanks in advance
Answers
1 to 16 of 16
PS, JBW1366: When I answered your question above I omitted to deal with the need for 'permission from the council' because my understandin
22:15 Fri 11th May 2018
You need to speak to the Building Control team at your local district council, as they will know about the time scale for dealing with such matters in your area, which might well be very different to that in other areas. Note that you're not now seeking 'permission' but 'regularisation' (which is the term used for retrospective applications).
This information from Cheshire East Council gives you some idea of what's involved:
https:/
(Note that the 20% supplement shown there, on top of the normal application fee, for applying retrospectively rather than before starting work, isn't a universal one. Other councils may charge different supplements. e.g. in Cheltenham you have to pay 50% above the normal fee).
Council Tax bands are based upon what the value of a property would have been on 1st April 1991. (That assumes that you're in England. The relevant date is 1st April 2003 in Wales). That applies even if a property was, say, only built this year. (i.e. the valuation officer has to pretend to himself that the property was in existence in 1991 and work out what it would have been worth then).
So, even though your house wasn't on the market in 1991 (either because it hadn't been built or because it was part of the council's rental stock), a valuation officer has had to work out what a 2-bedroom maisonette in your area would have sold for in that year so that he could allocate your home to the correct Council Tax band.
However the information he used then (i.e. that the property had only two bedrooms) is now no longer valid, so another valuation officer now needs to calculate the value of a three-bedroom maisonette, in your area, in that year.
If your property was previously allocated a 1991 value which fell near to the bottom of a Council Tax band it's possible that any slight increase in its notional 1991 value might not push it beyond the upper limit of that band (so that there would be no change to the allocated band). However if your property's 1991 value was close to the top of a band then even a slight increase in its notional 1991 value could push it into a higher band. (You can view the bands here: https:/
Although it's the Valuation Office Agency that is responsible for allocating properties to the appropriate Council Tax band, it's local authorities that provide them with initial information. Therefore it should be your local authority, rather than the VOA, which you approach in the first instance.
This information from Cheshire East Council gives you some idea of what's involved:
https:/
(Note that the 20% supplement shown there, on top of the normal application fee, for applying retrospectively rather than before starting work, isn't a universal one. Other councils may charge different supplements. e.g. in Cheltenham you have to pay 50% above the normal fee).
Council Tax bands are based upon what the value of a property would have been on 1st April 1991. (That assumes that you're in England. The relevant date is 1st April 2003 in Wales). That applies even if a property was, say, only built this year. (i.e. the valuation officer has to pretend to himself that the property was in existence in 1991 and work out what it would have been worth then).
So, even though your house wasn't on the market in 1991 (either because it hadn't been built or because it was part of the council's rental stock), a valuation officer has had to work out what a 2-bedroom maisonette in your area would have sold for in that year so that he could allocate your home to the correct Council Tax band.
However the information he used then (i.e. that the property had only two bedrooms) is now no longer valid, so another valuation officer now needs to calculate the value of a three-bedroom maisonette, in your area, in that year.
If your property was previously allocated a 1991 value which fell near to the bottom of a Council Tax band it's possible that any slight increase in its notional 1991 value might not push it beyond the upper limit of that band (so that there would be no change to the allocated band). However if your property's 1991 value was close to the top of a band then even a slight increase in its notional 1991 value could push it into a higher band. (You can view the bands here: https:/
Although it's the Valuation Office Agency that is responsible for allocating properties to the appropriate Council Tax band, it's local authorities that provide them with initial information. Therefore it should be your local authority, rather than the VOA, which you approach in the first instance.
PS, JBW1366:
When I answered your question above I omitted to deal with the need for 'permission from the council' because my understanding of the planning rules is that simply putting up a new internal wall (without any changes to anything else) doesn't require planning permission from the local authority.
However, upon re-reading your question, I've now seen the significance of the word 'leasehold' in your first sentence. I suspect that the buyer's solicitor has noticed a restriction in the terms of your lease which prohibits you from making any structural alterations to the property without the consent of the freeholder (which happens to be the council). So it's freeholder's consent that you now need to seek retrospectively, rather than actual planning permission.
The good thing about that situation is that you won't have to pay hefty charges to seek retrospective planning consent. The bad thing about it is that, unlike planning applications (where councils must abide by strict rules), the matter is entirely a discretionary one for the council, meaning that they're free to approve or reject your application without giving any reason for their decision.
When I answered your question above I omitted to deal with the need for 'permission from the council' because my understanding of the planning rules is that simply putting up a new internal wall (without any changes to anything else) doesn't require planning permission from the local authority.
However, upon re-reading your question, I've now seen the significance of the word 'leasehold' in your first sentence. I suspect that the buyer's solicitor has noticed a restriction in the terms of your lease which prohibits you from making any structural alterations to the property without the consent of the freeholder (which happens to be the council). So it's freeholder's consent that you now need to seek retrospectively, rather than actual planning permission.
The good thing about that situation is that you won't have to pay hefty charges to seek retrospective planning consent. The bad thing about it is that, unlike planning applications (where councils must abide by strict rules), the matter is entirely a discretionary one for the council, meaning that they're free to approve or reject your application without giving any reason for their decision.
Buenchico, thanks for taking the time to answer. We thought as only a stud wall it didn’t matter, we have no idea what to do now. Talk to our solicitor, talk to council, talk to building regulations people. But what to say, what about council tax, how do u get revalued do u know? How long is all this going to take?our buyer might get fed up waiting!our dream home might have gone, we are so sad!
Thanks for your help
Thanks for your help
Thanks again for your reply.
Get your tape measure out and draw up some plans showing the changes to the property. (Obviously, if you've still got a copy of your instructions to the builder you can use those). Make sure that you know the types of materials used, including for the doors (as they could affect the fire resistance sections of the Building Regulations). Take some photographs and print them out.
Print out this form:
https:/
Send it to the address at the bottom of the form, accompanied by the plans, photographs and full details of the work (including the materials used and a schedule of the costs).
Once your application has been received you'll be advised of the relevant fee (which you can then pay by phone or online). However you can see what it should be, based upon the cost of the work, by consulting the right-hand column of Sections 17 onwards here:
https:/
Then write a letter, addressed to
Leasehold Services
Crawley Homes
Town Hall
The Boulevard
Crawley
RH10 1UZ
Here's a rough draft of that letter:
"Dear Sir/Madam
In [month, year] my husband and I purchased of the leasehold of our home, at the above address, which we are now seeking to sell.
However the solicitor acting for a potential purchaser has advised us that, under the terms of our leasehold agreement, we should have sought the permission of Crawley Borough Council (as the freeholder) prior to installing a new stud wall, with associated doors, in [month, year]. We are therefore now seeking retrospective permission for this alteration to the property.
We enclose full details of the work which was carried out and we would be most grateful if you could advise us of the best way forwards from here.
Please note that a separate application for regularisation of the work, under the Building Regulations 2010, has been submitted to Sussex Building Control.
Further, an application for a review of the Council Tax banding of the property has also been submitted to the Valuation Office Agency.
Yours faithfully"
(Once again, send as much information as possible about the work with your letter, including plans, photographs and details of the materials used).
Then write another letter, addressed to
Listing Officer
Valuation Office Agency
Westmoreland House
Strand Parade
Worthing
BN12 6EA
Here's a rough draft again:
"Dear Sir / Madam
My husband and I own the leasehold on the above property, which we are now seeking to sell. However the solicitor acting for a potential purchaser has suggested that we should have applied for a reassessment of the Council Tax valuation when we divided a bedroom into two (through inserting a stud wall, with associated doors) in [month, year].
We are therefore now seeking a new valuation and enclose plans and photographs of the alteration to assist in this.
Yours faithfully"
(You probably only need to enclose the plans and photographs with that letter, as the costs of the building work aren't likely to be relevant. However it wouldn't do any harm to enclose the schedule of costs if you're in any doubt).
You might also wish to consider sending copies of everything to the buyer's solicitor, to show that you're determined to address his concerns as quickly as possible, but your own solicitor would probably be best placed to advise you as whether that's a good course of action or not.
[Disclaimer: I'm neither a solicitor nor an expert on Building Control matters but I hope that, by pointing you towards the relevant officials, I'll have got you started in your quest to resolve the awkward situation which you now find yourself in].
Get your tape measure out and draw up some plans showing the changes to the property. (Obviously, if you've still got a copy of your instructions to the builder you can use those). Make sure that you know the types of materials used, including for the doors (as they could affect the fire resistance sections of the Building Regulations). Take some photographs and print them out.
Print out this form:
https:/
Send it to the address at the bottom of the form, accompanied by the plans, photographs and full details of the work (including the materials used and a schedule of the costs).
Once your application has been received you'll be advised of the relevant fee (which you can then pay by phone or online). However you can see what it should be, based upon the cost of the work, by consulting the right-hand column of Sections 17 onwards here:
https:/
Then write a letter, addressed to
Leasehold Services
Crawley Homes
Town Hall
The Boulevard
Crawley
RH10 1UZ
Here's a rough draft of that letter:
"Dear Sir/Madam
In [month, year] my husband and I purchased of the leasehold of our home, at the above address, which we are now seeking to sell.
However the solicitor acting for a potential purchaser has advised us that, under the terms of our leasehold agreement, we should have sought the permission of Crawley Borough Council (as the freeholder) prior to installing a new stud wall, with associated doors, in [month, year]. We are therefore now seeking retrospective permission for this alteration to the property.
We enclose full details of the work which was carried out and we would be most grateful if you could advise us of the best way forwards from here.
Please note that a separate application for regularisation of the work, under the Building Regulations 2010, has been submitted to Sussex Building Control.
Further, an application for a review of the Council Tax banding of the property has also been submitted to the Valuation Office Agency.
Yours faithfully"
(Once again, send as much information as possible about the work with your letter, including plans, photographs and details of the materials used).
Then write another letter, addressed to
Listing Officer
Valuation Office Agency
Westmoreland House
Strand Parade
Worthing
BN12 6EA
Here's a rough draft again:
"Dear Sir / Madam
My husband and I own the leasehold on the above property, which we are now seeking to sell. However the solicitor acting for a potential purchaser has suggested that we should have applied for a reassessment of the Council Tax valuation when we divided a bedroom into two (through inserting a stud wall, with associated doors) in [month, year].
We are therefore now seeking a new valuation and enclose plans and photographs of the alteration to assist in this.
Yours faithfully"
(You probably only need to enclose the plans and photographs with that letter, as the costs of the building work aren't likely to be relevant. However it wouldn't do any harm to enclose the schedule of costs if you're in any doubt).
You might also wish to consider sending copies of everything to the buyer's solicitor, to show that you're determined to address his concerns as quickly as possible, but your own solicitor would probably be best placed to advise you as whether that's a good course of action or not.
[Disclaimer: I'm neither a solicitor nor an expert on Building Control matters but I hope that, by pointing you towards the relevant officials, I'll have got you started in your quest to resolve the awkward situation which you now find yourself in].
There’s no need to draw up plans. Just phone your local council and ask for an inspector to visit and the works, if they require regularising, can be done on a Building Notice.
https:/
The Sussex/Crawley website was ‘down’ when I tried.
I doubt very much whether you require Building Regs for the works described. Someone at the estate agents seems to be either confused or over zealous.
Chris, you always give excellent advice but don’t confuse planning with building regs. They are two entirely separate things. 23:15.
https:/
The Sussex/Crawley website was ‘down’ when I tried.
I doubt very much whether you require Building Regs for the works described. Someone at the estate agents seems to be either confused or over zealous.
Chris, you always give excellent advice but don’t confuse planning with building regs. They are two entirely separate things. 23:15.
PS: Please accept my apologies for making assumptions about your relationship with your partner in my draft letters above (when I wrote "my husband and I").
I glanced at your profile and, upon seeing 'female', I wrongly assumed that the 'we' in your post referred to you and your husband. I really should know better than to jump to such conclusions though and I now see (through reading through some of your earlier posts on this forum) that my drafts should have used "my wife and I".
Apologies once again for inadvertently embracing outmoded stereotypes in my post.
I glanced at your profile and, upon seeing 'female', I wrongly assumed that the 'we' in your post referred to you and your husband. I really should know better than to jump to such conclusions though and I now see (through reading through some of your earlier posts on this forum) that my drafts should have used "my wife and I".
Apologies once again for inadvertently embracing outmoded stereotypes in my post.
Zacs:
My post at 2315 (hopefully) explains that I was initially confused by the need for "permission from the council" (as stated in the original question) precisely because I'm aware that planning permission isn't required for the type of work described by JBW1366.
However I then realised that a different type of consent is required from the council because it's a leasehold property, with Crawley Borough Council as the freeholder. (i.e. the restriction comes about through the leasehold agreement and not through the planning rules).
Consent (or now, in retrospect, 'regularisation') under the Building Regulations almost certainly is required though:
https:/
My post at 2315 (hopefully) explains that I was initially confused by the need for "permission from the council" (as stated in the original question) precisely because I'm aware that planning permission isn't required for the type of work described by JBW1366.
However I then realised that a different type of consent is required from the council because it's a leasehold property, with Crawley Borough Council as the freeholder. (i.e. the restriction comes about through the leasehold agreement and not through the planning rules).
Consent (or now, in retrospect, 'regularisation') under the Building Regulations almost certainly is required though:
https:/
With regard to building materials, we got a friend of a friend to do the work and he purchased everything from B&Q, ive no idea how to contact him now. Would it be easier just to say we did it? And we purchased everything from said shop? And no worries about the mix up about wife tc, we both appreciate all that’s been said, even after a sleepless night.
All you can do with regard to materials, etc, is to tell the council as much as you know. (They can always ask questions if they need further information but, hopefully, they won't).
If there's nothing in the lease prohibiting the erection of internal walls without the freeholder's permission, you might simply get a letter back from the council (in their 'freeholder' role, rather than in their 'building control' one) stating that no permission was required. However that's just as important to you as actually getting formal permission because you'll then have something in writing to show to the buyer's solicitor.
If there's nothing in the lease prohibiting the erection of internal walls without the freeholder's permission, you might simply get a letter back from the council (in their 'freeholder' role, rather than in their 'building control' one) stating that no permission was required. However that's just as important to you as actually getting formal permission because you'll then have something in writing to show to the buyer's solicitor.
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