Planning Permission vs Building Control

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    • #709098

      I received planning permission for a house. This house design had a stairs with a winder in the middle. We built the house. Building Control now say it is not acceptable as winders if not avoided should be at the bottom. But I got planning permission so how can it now be wrong?. Part B (which I am now aware of) uses the word preferably in relation to not using a winder, can this become never at the stroke of a pen?

    • #786720

      don’t know what a winder is but condition no. 1 of all planning permissions should state that you must carry out your development in accordance with the plans and particulars lodged with the authority. Talk to the planner

    • #786721

      The internal design of a house is rarly scrutinised by the planners, but i’m pretty sure that there covered in that they say all developments must comply with building regulations etc etc… so sorry to say, building control are right. Mind you, if your smallest point of a riser is 50-75mm, i think that this is legal, with the only people at present, who do not recognise winders is Homebond. They will not cover a house that has winders in the stairs. Check out this web address. Its UK Regs but irish regs are much the same.

      Tech doc C 12 does state the winders are best at the bottom of the stairs, be this reg says they should generally not be used… it doesnt say it cant be used.

      Hope this helps.



    • #786722

      The Do E has issued a “Circular”, (some years ago) instructing its staff not to accept winders on stairs for the purposes of issuing Floor Area Completion Certificates. I think these are certs required to avail of first time buyers grants etc. Following queries from the RIAI (pointing out that the Building Regs appear to permit them), The Dept re-iterated its “ruling”. How legal it is I don’t know, but it would probably be best not to be defending a personal injury case in which you had designed winders. The RIAI has advised its members not to include them. Where the whole matter leaves circular staircases, I don’t know either.

      Although the planning permission may state that the building is to be constructed in accordance with it, it probably also states that it is not evidence of, or an exuse to avoid, compliance with the building regulations. Note, TGDs are not the actual the Building Regulations. The Regs are much shorter, typically one-liners, stating principles like “the building must not fall down”. How you achieve that can be up to yourself, – the TGDs are just one way of doing it.

    • #786723

      Section 34(13) of the Planning and Development Act, 2000 states the following:

      A person shall not be entitled solely by reason of a permission under this section to carry out any development.

      Thus, it is of no concern to the Planners if you can’t carry out your developments for any reason outside the remit of planning legislation suh as building control issues.

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