Internal alterations and extensions to a property must be certified by an appropriate construction professional such as a Chartered Building Surveyor as being compliant with building and planning regulations. If the property has any changes, available compliance documentation is passed from the vendor to the purchaser’s solicitor and is included with the title documents.
The absence of this important documentation can cause significant delays to the conveyancing process, particularly if the alteration of extension required planning permission. Building and planning regulation compliance documentation usually takes the form of ‘Opinions’ of compliance with Building and Planning Regulations or rarely ‘Certificates’ of compliance.
An ‘Opinion’ states that the development carried out, on the basis of a visual inspection, is ‘substantially compliant’ with the relevant building and planning regulations applicable at the time the work was carried out.
A Certificate of Compliance is different in that the Building Regulation aspect of the works was inspected from commencement to completion and is by its nature a superior approach.
Much of the building and planning regulation compliance certification requested from Kelleher & Associates by clients is for compliance documentation related to ‘exempted development’. As the work is completed at the time of inspection, only an ‘Opinion on Compliance’ can be given. Work falling under the planning category of exempted development includes:
- Rear extensions, generally single-storey.
- Roof space conversions.
- Garage conversions.
- Internal modifications.
- Outdoor rooms and outdoor non-habitable structures such as garages attached or separate to the dwelling.
- Minor modifications to front gardens to create extra parking.
It is important, in advance of the property going on the market, that any alteration or extension is covered by an Opinion or Certificate on Compliance. As part of our pre-purchase surveys, we list any alterations and/or extensions and give our view as to whether the development is planning exempt or not and whether, if applicable, there are building regulation issues.
It is essential that the correct exempted development regulations are used as a guide during inspections and referenced in the planning compliance documentation. For example, an extension constructed in the 1980s would be covered by the 1977 Planning & Development Regulations rather than the 2001 Planning & Development Regulations.
The 2001 Regulations stipulate a maximum floor area of 40m² and require minimum private open space in order for an extension to be considered exempt whereas the 1977 Regulations has a much smaller floor area limit of 18m² and does not have a minimum private open space requirement.
Talk to Kelleher & Associates if you are uncertain about the planning status of any alterations or extensions you have made to your property.