welcome to this presentation on planet on building regulations for conveyances. The purpose of this particular session is not too examined. Planning law and building regular nations been so much mining detail with a view to trying to make the experts because on technical planning laws, very specialized every law you have the legislation, which is the primary legislation, is the term country funding bills or those with visa legislation centuries to him, guidance from the government, which technical Japan in laws are expected to comply with, is also the issue of local authorities. Question Andi. So there's really the on the scope of this presentation because of the title Uh uh lines and highlights. This presentation is primarily designed for conveyances your issues, building regulations, those regulations. There are things that just the building up of you for building regulations 2010. The whole engine specific century instruments that relate to building regulations. For example, Anything performance difficult now also a lot of technical issues involved in compliance with building regulations. So the idea is in this presentation is, look at this from the perspective off a competitor, Andi. I have selected certain physical topics that are particularly off interest. The 1st 1 that I will look at will a listed buildings. The second will be certain issues to do with conservation areas. Then we will look a certain plumbing issues on outside of this, the scope off listen built in conservation areas. Um, there is also another challenge I would just mention at the outset. Guidance on planning building regulations issues is that if we look at our legal system, which historically has comprised combined the system local for both England and Wales, the Welsh Assembly House for some time now had devolved authority individual powers to make planning legislation for whales, say one of the things that makes advising clients challenging core conveyances. He's example, if we look at the Town and Country Planning General Committee development order from 19 which initially established, they, um, committed development rights in respective development, for example, residential property which did not require planning consent that initially what a single instrument, single statutory instrument which applied in England and Wales then that amendment order was then amended by different statutory instruments. It also shades that there's been a number of amendments which now only apply in Wales. Andi in England Now the parliament has decided to completely replace the 1995 order with a tunnel Country Planning General Committee Development England Order of 50. So it was right there in your mind. If you're active climbs, one of whom is lying promptly with a planning issue building regulation issue way of another with planning with local regulation issue in England, then they will be different issues. First of all, the mangled, different statutory provision. They will be different guidance notes issued by, for example, the secretary stating in Sector seven, Wendell's or the Welsh ministers. So there were those diverted issues. But I think it's still possible, I think, when advising Miles or considering planning risks for commanders to be aware of the general overview off the law, which this week of the presentation looks to. So with the building the visible that is listed bling guidance and there's a listed buildings requirements themselves. For example, um, listed buildings enforcement is very different to planning enforcement on the other. These my groups listed buildings just immediately prior to conservation area enforcement is that there are no time limits which supply to enforcement. So when we look at different times of infringement on how UM, listed building consent rules are applied. But the basic issue behind listed building is that where there are any observations which in any way a fact or materially effect the historic or architectural significance of the building. And it's irrespective of its great one. A great too. Then, technically, the love authority, if it uses to take enforcement action against the owner of a listed building, don't have any at a time limit within which to commend that enforce rooms. Secondly, it's also the case that material alterations or even extensions to listed building without a building consent. Also Constitution on. It's not a precondition to the commission of the offense that a listed building enforcement notice WAAS put in place by the local authority. It is just simply the committee of the events. Now, in reality, councils don't and forth breaches off listed building rules on a routine basis. They look at it from the perspective off how extensive the rules are. But listen, enforcement, physical enforcement notices, I'm not unknown. So, for example, it's rare for councils to seek injunctions. We will talk about in a moment, but where the council decides to impose a listed building enforcement is on a property that calls a real problem. It's also very in mind that when we talk about listed buildings that the relevant at planning listed Building Conservation Areas Act 1990 defines listed building as meaning a building which is included within a list compiled or approved by the Secretary of state Andi. Any object will structure, fixed building or any object or structure within the Kurt into the building, which, although no speaks to the building forms part the land and has done since before 1st July 1948 shall be treated this part of the building. No, I've already mentioned that it's specifically stated that no person shall execute or course execute any works for demolition of a listed building or its alteration extension in any way which would affect his characterised building of special architectural or historical interest. Unless those that have been authorized, it would usually be local authority giving listed building consent. That's traditional how has been done. But I will mention that also powers from time to time from the spot sexually state to issue listed building consent more on that in just a moment, old in Section nine of a nonsense. Yeah, not only independence to do any of the words we've talked about Alterations, extensions, demolition policy bill without consent if a client or if the owner of a listed building has obtained less stable and consent, but they fail to comply with a condition attached, that consent that is also add offense as well about criminal offenses. It is possible for somebody to be able to raise a defense in certain circumstances. If the works were urgently necessary in the interests of helpful safety for the preservation of the building that might amount to an offence, the more likely outcome, rather than being prosecuted. More likely outcome is that council are concerned about the extents of unauthorized works that the councilman issue a listed building enforcement notice. So what this provides in Section 38 in the 19 nineties is that the local authority can issue this but would authorize attacks have been carried out to a listed building. They feel it is expedient to issue the notice. Listen, Billy enforcement originals, after specify the alleged contravention and specify the steps that are required to be taken, for instance, to restore the building to its former state or if it wouldn't be releasing practicable or desirable to restore the building. Such further way works as specified, that they consider necessary to alleviate the fact of the works, which was carried out without listed building consent. Building enforcement notice. He's one which usually stays register little property, um, in potentially Davey in perpetuity. It's a local lung. Judge Suppressive Ellen is of a listed building. Will be aware that the enforcement of supplies so it's possible that the love authority may bring proceedings for an injunction, but even the council can do that. It's rare in practice that they would do so. You bring points. Um, a court will not just simply issue an injunction just because of the authorities asked for one, the court will take into account a number of factors. We shall be escape this particular presentation. Taste factors will generally be governed. Bali. The overriding principle. That injunction is an equitable remedy and in essence, what the court does. He looks it. The fact is in favor and the fact that against issue in the injunction and then comes to a conclusion exactly discretion, whether or not he should be granted or denied. However, any mind that if your client is buying a property, the building looks works been carried out, listed building without consent. If your client was just to obtain absence of listed building indemnities Children's, then it is worth bearing in mind. That policy wouldn't alter the fact festival that the unauthorized works could still be enforced by the Council on day on that the works themselves amount to a criminal. It's a criminal offence specifically for the person who was executed, calls to be executed, the works to listed buildings. There is one issue with this. If you call, it was gonna proceed on that basis they would need to keep. They would need to keep and retain evidence that it wasn't them who calls the works to be executed so that would use it, for example, be getting a reply from the Vendrell, confirming that the vendor has carried out the work. But the trouble is, is there's always a possibility for civil council. Find out. If they do, the enforcement then could be quite costly, which is why some of you take the identity insurance policy out. But there's also a catch in case I know of where an indemnity policy was issued. The purchaser who had acquired listed building in respect of which will north rise work has been carried out. Approach the insurance and ask them. Would they agree to provide additional insurance cover in the event that the carry out further works without getting listed? Building consent? And the buyer was told in no uncertain terms by the insurer that if they were to execute any further works with or without the authority off Ellis ability content, then they would invalidate the indemnity insurance premium on the indemnity insurance policy because he ensures that only agreed to cover that particular risk off the works, which already have been carried out. So, in essence, if your client is buying listed building where works carried out without consent, they may not be able to do any alterations, whether without whether or with local authorities, consent or no. Because he insurers, if nobody was politics taken out, may know agrees to cover the additional works, and they also invalidate covers for existing observations. England only There have been three changes to listed building consent, which I'm just going to mention very briefly first of these is this ability consent or which could be included within a heritage parts of greens. Uh, this agreement, which the local planning authority can enter into with the owner of a listed building or parts such building situated England. And what it can do is agreement, congrats, consent missteps or specified works for alterations extension on as long as any conditions to which the consent its objective also complied with. It's not just works complying with the consent, but also the conditions as well. So a little Millikan sent on the condition in anybody is to be treated. Have any of the listed building consent with condition or conditions attached if he gets a scream and Andi dependable property hold out or says that the alterations fall within the scope of the agreement? Clearly a buyer would need to take further investigations, which might include tiring, especially planning, Um, adviser who specialize in this building's to inspect the works on advice Gordon esta whether what they fall within describe for the agreement. A little consent granted by heritage parts of agreement or less agreement says otherwise, will a new or for the benefit of the building and of all persons for the time being interested in IT. Authority in any area in England can also issue a local listed building. Consent order Defected that is, to grant Austen advanced. Let people consent for works of specified description for the cultivation or extension of listed buildings. It may be subject to conditions on the content. May relate. All the buildings in the Navia or in a particular part of the local authorities area also listed buildings off a particular description in the aerial part of area. It's also the possibility of the secretary of state issuing listed building consent in 1/3 mother with additional two um individual listed building consent issued by local authorities in the form of a listed in contempt. Older next few people it's about conservation areas eyes an area designated by local authorities possessing special architectural or historical interest. And the authority has a duty to ensure the character for parents off area is preserved or enhanced if there is a listed building in a conservation area. As a rule, the listed building will be governed by the lefty build a loser conservation area. Consent there has never been required for alterations to a listed building in a conservation area. General alterations or extensions to collectible thing in such an area always require planning consent less. There has been a specific permitted development, but it is often the tourist a typical more or more difficult to obtain planning. Permission for a non listed building. The conservation area and also it off invade at any alterations which are committed by planning commission that often get more onerous and more costly to comply with planning conditions. But that said the time country funding out conception some before behind, originally provided the building couldn't be demolished without consent. The local authority, in the form of a conservation area, consent, consummation. Consent is not needed in the event off a listed building. And it's what I say that in Wales demo off. A listed building will still require conservation area content positioning, but that was changed with effect from 1st October 2013. Unlisted building that is demolished. England now requires planning permission. Back option came into effect on 1st October 2013. Other results off the various provisions of the inter party regulator for my 2013 but I thought it even now have been provided by that that is now a criminal offence to demolishing all Mr Building Conservation Area without planning permission. Equally so. That's where our four direction, where prior to first, not 70,030 and applications conservation area content was already made. That application would be down with the previous existing static divisions. In other words, applications may before stop terms without 13 would have been dealt with by issuing and a consent in the form of a conservation area consents. So, yeah publications Full demolition of a listed building in a conservation area there's submitted on or off the 1st October. Did Albertine now have to apply for planning? Permission Will last is not before direction, which, uh, enables on the person city the demolition without such consent. Weber. There is a tiny country coming on General development. Amended your England three or Attitude Out 30 which actually movement department acted immortal Listed Buildings Conservation Area in England. It's also on offense of the mentions to carry out or course to be carried out demolition of a listed building in the conservation area without planning permission, or how to comply with the conditions or limitations of debt to a public condition or where planning permission has been granted for demolition. On such a dependence, there is no time for prosecution. It is not just a problem because of lack of planning. There's also the problem that whoever's called or carried out or committed the worst carried out of demolition from this building quite funny commission, with effect from 1st October affability now is committing a criminal offence. People sex object which is planning that country notices. I never said at the outset to the growing divergence between English else law. When it comes to planning and build regulators matters, stay the General Committee development older That's fine amended by very statue in student still applies in Wales. But in England there is now a dedicated general committed development order. The town and Country Planning General permitted Development order England or specifically, which is reported in England only about 35 hours, both taxable this evening and they particularly gentle to about shoulders, compared committee development like circumstances. The most common one is permitted development nights. The spectacle types of development within the curtain Elizabeth Dwelling house. Many of the of the committee development rights concerned commercial development or commercial activities. That's beyond escape off this particular recording. However, even if you have many development right, local authority can still make a direction. That development falling within any of the committee development should not be carried out unless planning permission is granted forward on the application. Where are asking for is always mad. It mean that even if the property well the development proposal was carried out, there's nothing quite plumbing on the general Committee development use. The Article four direction would actually override the permitted development lives. Luckily, there's two issues here. The awful ward of action canoe vocal, Married equally Property, which is not to get too unalterable direction, may subsequently be subject to such an order. They can also be a challenge. You you from time to time that they will be planning permissions, which may be of historical interest, where there is a condition where the local authority granted planning permission for works to a particular but there was a condition attached to the Planning Commission. This made clear good by carrying out works submitted by the Planning Commission that the property would cease to enjoy any further committee developed, so there may be some planning permission which restrict or distinguish community development block again that should be concerned. Insulted. Now I'll come up the question later about how far about people go two truck and investigate any old or archive planning commissions in just a moment. Because that's something that always look up over the affection, which is headed on breaches off plenty conditions. The exception will be looking at certificates off lawfulness, lawfulness of use or development. It's very possible that the court distinguish between use or development. So used to be the way the property use developments would be operations which have been carried out all over in respect to the building. So an application to be made a certificate of more fullness of use on the purpose of eyes to ascertain whether or not any existing use of buildings or what when it whether any operations carried out in all over under that line from awful on any of the matter which constituted had to comply with a condition. The limitations of his planning permission has been granted is lawful, but well, come on to lawful. I'm planning conditions in just a moment book when our uses and operations lawful one possibility is that no enforcement, actually, maybe taking ineffective. This is possibly because they did not involve development or didn't require planning permission. So, in other words, such a ticket could be issued by Love. Authority is satisfied that works well done within 10 or permitted development. Lies were not subject an article four direction. Is it possible to enforce an action? May not be, um, taking Mr um he uses or operations covered by giving it is that the time for enforcement action is expired already of the region. Also, that they the uses no alterations are lawful in the sense that they do not constitute a contravention of any of the requirements of any important notice, which is that enforced. So that is one of the things you haven't enforced with voters. How would you know if works we should carry out subsequent that notice? Are they lawful? So that's one possibility of the certificates can actually clarify that particular point. If I give one example here, we will come back to enforce the latest in just a moment. We just give a real life example. This is a case where a developer he owns a piece of land it was an enforcement notice in respective unlawful development. The overland then apply for planning permission, then Instruments Planning Commission. I'm the owner says that in his opinion that the grant of the planning Commission nullifies the effect of the enforcement edges which will see that is a possibility. When we look at the sectional forces, the situation was below the poverty. Still to shoot him in the calls for the defense of breach enforcement. Okay, so one of language was happily decided by the court. In that case, Waas did the planning permission which Post stated the important actually nullify the enforcement completely. I'm told in the second case it did, but quickly. If you're not situation, I do speak to a lot of stress. Is he do conveyancing work? I have spoken to a couple of people certainly have that situation when the client is buying guns where the person selling is claiming the planning consent that was issued in say today nullifies in whole the effect of the enforcement issued last year, for example, that clearly if you're acting for a buyer, other compares that we're not planning, especially so I very much take the view that the have to satisfy themselves that that genuinely lost the case. That made again mean the client needs to get a separate independent planning advice from a planning specialist who is old protected an independent off the local authority. Yeah, also, when you get certificates, this can also issued any matter constituting compliant any condition for limitation. So did Theresa. Planning permission has been granted his lawful if the time taking taking enforcement action is that the value has excited and it doesn't constitute a contravention of any of the requirements of enforcement, it's a breach of condition. It's seven force. It might be somebody has, um, breached a condition. But it might be say that they breached one condition. Put a breach of condition. It has been issued in this part of another condition. No. If the council carl take any enforcement actually guns the first condition because time is excited. Then the council condemned state that the various comply with a condition Is that lawful? Because time of fire that said the council would still return their vice from the breach of condition noticed respect of a second breach of another condition which was issued within development time you benefit. That's difficult. Global Mr Views or Development is that once certificates in fourth, it creates a conclusive presumption of the use operations on the matter, which Mrs Forget related lawful later. If you have toxicity tickets, the only applies to the matters stated and stick it. So, for example, the Pacific it relates to particular type of news that used to be committed, but nobody use will be limited unless you have separate planning permission for that use. Section 17 on a constant bombing specifies there, too, types of breaches of planning control. The 1st 1 is carried out. Development without the second is failing to comply with any conditional limitations of jets, which planning permission has been granted. It's also very in mind, but it's, um it's always worth while in respect of development, which has been carried out where Aventador claims that the invitation views expired to be very, very clear. So example where the breach upon control consists off. For instance, um, building on London Planet Mission General rule is no enforcement actually taken after four years, beginning with the day on which such operations were substantially completed. One circumstance where, if there's a change of usedto building to use a single dwelling house without planning permission. The period for enforcement. It's four years beginning with the day to the bridge. But in respect of any other breach of planning control, for example, breach of any other planning condition. There is awesome, maybe 10 years getting with the day to bridge. It is perfectly possible to have teachers and breaches of planning control. One is a breach involving building, for example, without planning permission where the enforcement period might have ended, another mambo might be that might have a separate breach of an existing conditions. There are quality limitations on that. What do you look at this particular, um, course. But if the council A council, for example, would not be prevented from spending a breach of condition it in respect of any breach of planning control if there's an enforcement which is already in the fact that the Council, Sir and enforcement notice, in particular breach of planning control, um within the enforcement pay with the council can also issue, if appropriate, a breach of condition, injuries, even this that it's beyond the station. I want a very briefly to park reports notice is sufficient. 1992 noted, has to specify the steps which the authority requires to be taken off the activities to the authority of cease. This could include the alteration or removal of any building works, carrying out any buildings over operations or prohibiting that activity on the land except as permitted by the letters. 179 of the country coming out about 90 also specifies that where at any time after the end off the period of compliance with enforcement, their steps have been taken to complying with it exists well, no activity required to be B has actually ceased. The perfect is the owner of the land is in breach off the notice. So there is a total criminal offense off until such time as well. Balls issue on the period of time for compliance has expired, but once appeared expired. Not only is that a criminal committed by the end of the land, if you start important because it's about to flip the enforcement notice is a criminal offence by the person who committed the if the land is sold, whoever is the order of allowed. If that a files complied, example somebody whose fault from the Mendel, who was initially responsible for the reason for the buyer would then be committing a criminal offence if that happened, taking any step to comply with the notice. It also specifies that personal control off or interest in the intellectual enforcement notice relates other than the owner must not carry out any activity which is required by the notice to see so called open it. Such activity to cease either defense can be punishable by a fine of £20. Andi, there's no prison sentence. Andi in proceedings against the owner of land for breaching and enforce the natures. That person has a defense. If he can show everything that you could be expected to do, secure compliance with the notice where service of an enforcement notice or breach of condition just planning permission is granted for any development carried out before the grand position that there shall cease to have effect so far. Insulin consistent with that commission, Section 11 of the terracotta bamieh specifically states the compliance with enforce the deputies, which could include completion removal, alterations of any building or works shall not discharge notice. So even if somebody compliance with notice that doesn't mean that 80 on discharge. It remains at a local on Charles, which binds the property. The authority also powers to issue a stop notice is conserved where the planning authority considered expedient. There any activity specified in limbo before the expiry off irritable compliance with some batter notice. Stop pledges would prohibit the carrying out of the activity on the whole apart. Plan to enforce the notice relates can be used to pay a bit the use any building of the dwelling house se. That's all I really better say about stock if it isn't remain for within 40 which is used by local authorities. But it might be used, for example, if there's development. Currently, I'm on the way, which is comfortable over. Hopefully. Attention, which doesn't have the benefit of planning permission or permitted development drives, is also the issue of breach of condition. Nurses. Now somebody who's fell to comply with the planning condition, not committing a criminal offence. Buck over the beach condition notice they may well be example based tradition. This is coming development being without any of the medications that touched the consent being complied with bridge traditional. Specify the steps which the authority contemptible to be taken. All the activities which the authority consider or deceit to secure compliance with the conditions specified in the notice. It's worth bearing in mind that reach condition. It is not a local in charge. This is because sexual 187 a specifically states it could only be served two types of person. The first is anybody who was carried out or is carrying out the development in breach of a condition. So that would be where the breach tradition is actually development. Rather, use every developer who would be subject about so very, very curious case where the owner of a house, the noodle probably cervical force, alleges, Because the developer I didn't build a wall around the boundary of the property as required by planning condition, I must confess, I found that very unusual because that related to developments have been carried out rather useful. So, in my opinion, not being a planning expert about more convincer with working knowledge of basic issues, I thought that infringed the provision of 187 because the breach tradition of you should actually have been issued and developed to carry out the development personal control of land could also be, but subjects off a bridge condition notice. But that is only if any of the conditions regulate the use of lands. So, for example, take the last case where you have somebody who is running a carriage on behalf planted. Mission Teoh use the premises of the carriage, but they are carrying out certain activities partner business, which go beyond the permitted scope of the conditions. So, um, who do identify with the person who's the bridge condition? It would be it would be the person I can control of alarms they wouldn't peony. It hasn't example in constipation is a tenant and they have control of the land and then using it in a way which is in breach of a condition. Then the breach initiatives could be served on the purple having control of the lands. It is also criminal. Hatton's four person who's been served with a breach condition notice to found comply with the notice within the period of allowed for compliance, and generally that period is at least 28 days. So a few rules as well with conditions and enforcement beautiful, and if your client was being devised on these points, they would need TOC, especially the guidance of all. Is the activity actually more awful? So is it covered within the terms of the following condition it allowed by flying condition? Is it allowed by the Planning Commission? If it is, then the local authority should not be taken any force that's in that respect. In most cases, be fair your peers, if there has been a bigoted planning, control or failure to comply with a condition. But there are occasions where a client particularly more competent development by us, you say this falls within the scope of the planning permission. The planet condition. If that's the case, really climb should it's a local party. Disagree without successful should seek guidance from specialist cunning lawyer Did not you shoot convinces my loved hunting accidents. But there may be times when the convention will have to say this is a matter which is well beyond the scope of our expertise, in which the planet the convention able, decide that we've made recently qualities have touched our souls. But example works do or do not fall within the scope of a planning commission or committed violent right on where a client may need to look for more specialist advice from, for example, of planning consultant to weasel connected with the local authority. Next, we move on to the issue or building regulations on in respectability regulations. We look at certain issues from the perspective, off convinces. But if you have a building in trouble that who's been negligent the first step to any exercise of his duty, this could be issuing a building regulations, approval or completion certificates or regulations of the goods in circumstances where we subsequently transpires that dusted to get approval, etcetera should not be granted. Then it's been held in the case of Mercy versus Brentwood District Council. Good that there is no cause of action for breach of statutory duty or the white in negligence against the local authority. You'll be different, of course, if you have somebody who is a competent person who example has carried out works to property, he's registered with a competent person. Scheme on has issued themselves, um, the completion certificate because that personal could be sued in negligence. You can see didn't think this is of course, one thing. The client that compared to car advise on this whether somebody person issues a certificate, maybe he is competent. You could have just a to the client that if they choose, they may wish to make a person climbs due. Ascertainment or not, the person is competent person actually is cooperative. So it was a recent sample. Somebody who had given a number of gas Stacy certificates or read the property's got caught out. Why? Because the issue of gas stations difficult for rented one rental property. And then there's a gas leak this little just read in the past 48 hours. Onda a lot of locals and called upon produce evidence of the gastric certificate. This was issued and, it turned out with persons Issue got face difficult, but they unsettle the properties was, in fact, a competent person because he wasn't actually registered with the gas stately register again, it's quite is concerned with is this person's issues that the certificate after competent to do so, something that you may wish to recommend that you can do further enquiries, for example, enquiring with the trade or regulate Everybody concerns the Republican Be, though, is the client has had works necklace and carried out by builder. It may be that they talk to them suitable that that happened in Agresti case, the local authority, apparently who have given building regulations, approvals for major works, this particular property in the Presti case. Other side couldn't be held liable in negligence because of the Murphy in Brentwood case I just mentioned, and the danger in the circumstances than that that leaves really actually negligence against the builder. But what I involvement happened in some cases simply with small builders, they we see that the council didn't and they then go out of business on then, of course, the only one left with this substantially defective house. It's a very little a remedy available for them other than to dig into her own pocket. If they have the resources to pay for the works to get somebody else instead, divide them insurance for building regulations, indemnity. This is where there is no building regulations. Completion certificates. Lord works have been completely that these 12 months prior to commencing policy. This is because the local authority can, on the section 36 of the building for within 12 months off, complete with works, actually issue a building at notice, which in essence is the same to all intents and purposes, a planning enforcement notice. But it's specifically, um, limited for the purpose off. Enforcing the breach off building regulations. No alerting the local authority works, continued residential users, the drilling, no enforceable platinum divorce action being taken. These examples, um, some conditions which often are imposed by the insurers. Conditions for providing absence of building regulations. Indemnity policies? No, the key point, probably most important one is a survey report indicates no indication off any problems with the unauthorized looks. In particular, structural defects now makes a question possible. Did the other the probably actually carry out survey was in the home buyers report or the more detailed report would actually struck the integrity of the works because, for example, a LA conversion or basement conversion has been done. If the worst structurally effective, every client only has the home by report. But at the time of the survey was looking to indicate that the that works, uh, detective client could have home back, sir. No advice in the structure integrity of the building with the conversion. Andi the climb than taking a huge risk on. And if there is any enforcement by the local authority in terms of enforcement, seeking an injunction in the courts. The building regulations policy would be then invalidated equally. It's worth bearing in mind that an additional worst character blocked after the politics command NC's would have to be approved by be sure, before commencement of the insurance to Tokyo and say, We're not going any further works. But Italy is there anywhere else, which might alert the local authority to the existence off unauthorized works. Good thing is about the homeowner with the homeowner. Have they notified the house insurers? So let me just give you a real life example. Um, I remember reading in the Evening standard in London going back several months ago. Tell Waas subjects quite a big mortgage. The owners of the house have engaged people, or sorry that engaged contractors with a view to building a large basement conversion. The basic motor works were substantially defective. So in this particular case, the owners of this property in London suit the contractors but the contractors with that business, so that then made a claim on their house insurance policy in the House. Teachers did not want today because they Vitaly said that they had not been notified of the alterations to the property On the other problem. For these homeowners, this is that on the damage caused to the structure of building by this poorly constructed, based so expensive that the whole house have to be demised. So notice a report, for example, in The Telegraph in February 2013 suggested. Good. It's one in 10 homeowners in bloom. I have broken planning and building regulations restrictions North probably 47% Homeowners you carried out building work in the past five years admitted not telling that insurers accordingly. Just every point. Now I could well believe that the increased incidence of people using online comparison sides so simple. My only take Steven's using a comparison site, getting a quote by then certainly insurers. You then take me through a list of questions. Have you covered that on the alterations property in the past 12 months? I haven't I haven't been. I haven't carried out in the alterations in the past 12 months, but if I had of then, unless I've been comes about that question, I may not remember to tell the insurance company, certainly with structural alterations without broken regulations. They have a much higher risk for reasons. But I will mention now if works don't have building regulations consent the hockey of the the property owner can apply for local authority from regularization. Did you get this? Is, in essence, asking the local authority toe. Apply the building regulations supplied at the time off completion of the works. It won't be today's building regulations. It will be those in place at the date the West completed. No, foreseeable, if somebody is buying a party that has been awfully converted or adapted or whatever without building regulations consent. Any application for regularizing certificate would require the sellers approval because he would mean that somebody from the local authority building a world apart would have to come to the house. Look what? Andi. There's no guarantee that certificate would be issued, of course, if the salad was looking to divide it. An indemnity policy in respect of the absence of building regulations by approaches of authority that would also invalidate the policy no, on an application for a regular difficult political authority may require the applicant takes a reasonable steps, including a no communal for inspection making, testing taking samples as the authority think fit. The local authority could also make a request to pose any structural elements or foundations or drains because ultimately, if an application for regularization figures made Councilman only ground last difficult is satisfied that the building regulations, which then where imports were satisfied. It's also very my the organization of it Good is never conclusive. Evidence off compliance with building regulations is a mean evidence off compliance with the building regulations requiring actually specified in the certificate. It's possible that the local authority might also, alternatively say, in its opinion, further work needs to be done to be able to obtain the ticket or in exceptional circumstances council night. For example, if they can't gain access to certain parts, the building might determine that they're not in a position to say one way or another. When you stick, it should be issued the little provision. If it gets old, complete scientific, it should be issued on the completion of building work carried out with the courts were building regulations where the local authority or in the case of a competent person, is issuing to get no building regulations covers a whole range of issues. So their example covers structure, fire safety and drainage. Any vegetable safety, for instance. However recent sitting it is only evidence but not conclusive, evidence that the requirements specified in the certificate have been complied with so evidence. And I didn't cases where only a lot of cases but where they come certificate has been issued. Andi subsequently from Spires that on more detailed investigation off the condition of the property or work being carried out that building regulations would have no actually complied with. So, um, from a title perspective, a convincer on completion. If it is the best form of evidence of compliance with building regulations that complains House was worth bearing in mind soccer piece of evidence and also is only evidence for matter stated. So certificate likes to electrical safety. It won't be relations. Fire safety example. That's my faithfully compliance has been actually referred to. And of course, if you got anything like a laughed or building national conservatory, you want the certificate to confirm that the building regulations relating to structure happen complied with so eventually about building enforcement and the initial 12 months limitation period whereby the council conservatives is requiring removal alteration of Bell combined works that's within 12 months from the data completed. Waas. There is no limitation period on the council seeking an injunction after a terrible period ends, however, the court on grunting an injunction. It doesn't necessarily automatically quite an injection. There are a number of factors that the court would have to take into account, and it would have to balance off the equity off Grand Junction versus any part. It is because the only by, um, and issuing an injunction, all those things would be on the scope of our calls. Because in this presentation on the scope of Bacon Pence's expertise, because they really too much litigation. So david insurance policy, which has taken out to protect people that possibility casting the ball selection is one which very, very values ever call the poll. Andi, I have over the years heard off a number of cases where there have been comes most successful, one of two unsuccessful on partial indemnity insurance policies. But I'm not aware of one specifically involving building regulations, infringements councils. Do you have certain powers if a building or structure is dangerous. Under this section, 77 of the building out nicely, for example, requiring the property owners want to take specified work. It would obviate the danger. And if the owner first comply with your little party, execute works in a cup of the expenses reasonably incurred from the person default, and that person would also be potentially viable. Fine on summary conviction to, um, the level one on the standard scale. There are also certain emergency powers the council may have. There was a building which, dangerous under section 28 of that age for the council come takes steps may be necessary for that purpose. Certain procedural steps, which is giving prior notice to the owner of the land or building off the council's intention as well as to any occupier of the building. The council made them recover from the owner of the expenses were incurred by them. Cases in which there have been reported enforcement action taking at home owners for breach of building regulations are rare. Off this example is the Belo case. We should brought all they did court appeal by New term London Borough Council. To be fair, Andi that there had been circumstances there where really sense has been built. Property by the owner without 10 point of all global make elections approved for pupils. The council were initially going to demolish the on premises, or the extension of those is pursuant to a demolition noticed. But then they decided not to do that when the owner of the poverty had given assurances to the council that he would actually remove the flight extended in subsequent. About to do I'm that the council were held to be entitled several years later, still in force. These people should move so very bad. It just was also just trying on your final point. This councils may well have specific different types of building regulations infringement. So if that is something which might be authorized alterations to a meeting to escape, for example, well, the price alterations to fire escape, a fire escape staircase or over possible social alterations to a building or unauthorized works involved in lust, conversion or hot conversions, those can often be much higher in the council's list of priorities. That example, lower priorities with involve smaller scale infringements. It might be, for example, installing windows that not quite combined with building regulations. Summary. This mission has a range of planning on building regulations issues. It's been talking specifically convention. It's a guilty banners. How Steven doesn't on behalf of data, I hope me we found the presentation useful. Andi, I hope to on have your company on another presentation at some stage in the future. Thank you.
Webinar - Planning and Building Regulation Risks for Conveyancers
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