Council Objection to 20cm eaves rule for Dormer

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NabMo

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Hi

I am new to the forum but I have seen many helpful comments on other threads so appreciate if someone can guide me.

I had a loft conversion done with a dormer about 2 years ago. I had involved an approved inspector from "Complete Building Control" to issue final certificate. The work was completed, reviewed and the certificate was issues. A couple of weeks ago I got a letter from council (Newham) that they want to view my property as they think there has been a breach of Planning Control.

Today they visited and told me that the back wall of the Dormer should rest at least 20cm back from eaves. My dormer wall sit flush with 1st floor wall. They will send me official results later in the month. I read about it now and that seems like the case. My problem is that I involved a third party to make sure my builder doesn't do anything stupid. Council was notified and they show on their website that a final certificate is received. I had no idea about building control and regulations. I involved another company to protect me against such things but looks like I was let down.

1. What can I do in this scenario? What is my liability if I have this certificate that was also sent to the council?
2. What can council do in best case/ worst case scenarios?

Appreciate your help with this. Thanks.

** EDIT **

Just to be clear my tiled roof didn't have eaves sticking out before loft conversion. It was flush with the wall.
 
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The certificate relates to building regulations only, and covers how it was designed & constructed.

Planning is a separate issue and applies to what & where you are allowed to build, not how it is built.
 
Thanks flameport for your reply. Wouldn't the approved inspector check things like this? Are you saying we can't hold them accountable for this?
 
It's nothing to do with the Approved Inspector. This is a Planning issue, not a Building Regs issue.
 
What is the distance of your set back? Got a photo? Did the planner shimmy up a ladder with a ruler to measure it?
 
Builders have done it cheap, by building directly off the wall instead of setting the dormer back and supporting it off a steel beam.
If the original eaves were flush (ie fascia and gutter fixed direct to the wall), there must be little- or no eaves remaining?
 
Is the third party you mentioned, Complete Building Control, who dealt with the building regulations? ie you didn't have a third party project managing the work?

Your plan drawer/designer is responsible for designing the work compliant with planning regulations. The builder should build to the approved plan - but there is an implied duty to notify you if the design does not meet applicable regulations.

Ultimately, you are responsible for the breach of planning regulations, but if the designer or builder were negligent, you can attempt to recover any losses from them.

But check the eaves dimensions carefully, as there is specific points from where the dimensions should be taken.
 
Thanks all for your replies, much appreciated. I didn't read the thread due to a family emergency hence no reply from my side. I trusted builder for everything and now finding out that there were no drawings created or submitted to the council. A big mistake on my side, didn't know about building control and planning control difference. I guess I'll have to get a qualified builder to fix the mess and swallow the cost. Appreciate your help with this. Thanks.
 
Depends upon the council ... PD clearly states the extension needs to be set back 20cm from the eaves where practical to do so. Most dormers are set far further back than that ...however it is also unlikely that the council will make you tear it down as it costs them money to enforce and most councils are pretty cash strapped at the moment ... my dormer was built by a local builder who was fully aware of the PD regulations including the hip to gable loophole. I also got a certificate of lawful development based on plans which my builder didn't use in the end.
 
Hi all

Thanks again for your help.

I have involved an architect to put together the new design for dormer and sent that to council for Lawfulness Certificate for Proposed Development. The council has refused saying:

"The development does not comply with the provisions of s.192 which deal with the lawfulness of a proposed use or development, by virtue that works to the roof of the dwellinghouse have already been undertaken. As such the works would not be lawful and the certificate application is refused"

My architect is confident that the design complies with regulation but I am not sure if I should go ahead with the change without getting confirmation from the council. I am scared that they may come back after development and find some issue with it.

I have attached drawings for existing and proposed elevations. Can anyone please help? Thanks.

Existing_Elevation.PNG
Proposed_Elevation.PNG
 
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