What constitutes 'building commencement'?

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Macaroni11

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I know it sounds self explanatory, but are there ways to 'commence' building works in a very small way?

here's the situation: we live in a terraced house, been waiting to build our approved two storey extension for over a year. We are having delays due to one side who won't sign a party wall agreement because they are contesting land ownership and this needs to be sorted out before we can start, plus lockdown hasn't helped.

BUT on the other side (which wasn't easy either), we have a party wall agreement which was agreed last year, but it runs out soon, October.

We want to avoid having to go through this again and pay all that money to get a new agreement on that side.

Hence my question. Until the problem side is sorted, is there any way we can 'start' something on the agreed side, which would be enough to say we have started the build and not lose our party wall agreement? We did get 2 trial holes dug out before to investigate foundations, but they have been there for about 1.5 year and so I can't imagine that will count as 'building' commencement'.
 
I believe you have to have foundations laid but could be wrong.
 
A material operation is defined in the Act and can include any works of construction, demolition, digging foundations, laying out or constructing a road and a material change in the use of the land.

In practice, very minor works are sufficient to commence a planning permission. These may include pegging out a road or piling. However, care must be taken to ensure that the works reflect what has actually been approved by the planning permission.

Andy
 
Hi Daniel Craig, wow :) lol.
The build wouldn't involve a road as the extension is at the back of the house into what is presently the patio area..
We still need to live here until the other side is sorted which could take many months... any suggestions?
 
ah ok, thanks. The planning permission actually expires a year from now, it's the party wall agreement that expires soon, but i guess it makes no difference...?
 
The planning permission for a 3 bed house on my workshop site expires in October too although I did read that a six month extension has been agreed by the local borough because of Covid. OP, it might be worth checking whether yours do the same. Anyway, I was planning to do a 'technical start' to keep the permission open but I received a letter a few weeks ago stating that as soon as I commence the start of building, a CIL (community infrastructure levy) of over £7k is payable so I think I’ll let it expire and apply again when I’m thinking of selling. :whistle:
 
To commence, you can have a bag of sand delivered under contract, or phone building control and say "I've started" under building regulations, or carry out some significant works under planning law.

Take your pick - although that does not count as commencement.
 
In South Wales, a private company had limited planning permission for the Swansea Tidal Lagoon. The PP was valid for 5 years and just a couple of weeks before expiry, they knocked down a couple of walls to signify a start of work, but they have been told it was not good enough and the PP had expired.
 
^woody^ said:
To commence, you can have a bag of sand delivered under contract, or phone building control and say "I've started" under building regulations, or carry out some significant works under planning law.

Take your pick - although that does not count as commencement.
Click to expand...

Thanks Woody

Ok...... i'm not sure what you mean 'that does not count as commencement'? the bag of sand under contract or the phone call, or both lol?!
 
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