I've just recieved a request for addtional information on an application for Retention Permission. The L.A. have asked me to submit a Cert of Compliance with Building Regulations for the unauthorised development. Can Building Control force the Planners to do their job for them like this?
compliance with building regs is required as part of Planning Compliance. They are mutually dependant. As you didn't get planning for whatever, it is entirely reasonable for the planners to check that what was built is fit for occupation, before they grant permission.
Sounds reasonable, but I have seen a decision from An Bord PleanÃ¡la in which conditions that the Council had imposed in relation to Building Control were removed on the basis that they were not planning matters - that would appear to conflict with this current course of action.
From doing work on a few properties previously. my architect has always insisted that 2 seperate Opinions on Compliance be issued for Planning Permission and Building Regulations , as I think these are both governed by seperate ACts (ie Planning and Developments Acts and the Building Control Act). It would seem unusual to be asked for this!
For example I had heard of a job where someone was granted planning for to convert attic to bedroom , even though the design did not comply with building regs and from a certification point of view had to be certified as storage space!!!!!!!!
This request from the L.A. is now further complicated by the fact that the unauthorised extension was built in 1986 - prior to the Building Control Act. Is it reasonable to expect it to comply with legislation that was not even in written at the time. I should add that there is nothing controversial about this extension and it would certainly have recieved permission if it had been applied for at the time.
- spoke to the Building Control Officer and in light of the fact that it was built in 1986 they are waiving the compliance issue - I just have to send them a letter from my client witnessed by a Notary stating the date of construction.