Exempted area for extension to rear of house ?

joebre

Wondering if someone can tell me when the exempted area was increased to 40 sq. metres ?

Joe

muffler

I believe it was 11/03/2002 when the older regs were replaced with the 2001 regs made pursuant to the 2000 Act.

Moved to the main C & P forum

Heatherview

Joebre
See attached literature might help.

Heatherview

joebre

Thanks Heatherview for the link

I was looking at a flat roofed rear extension of less than 40m2. The ceiling height in extension was 2.1m, same as ceiling in 150 year old house.

Paragraph 4c says "The height of the highest part of the roof of any such extension shall not exceed, in the case of a flat roofed extension, the height of the eaves or parapet, as may be appropriate, or, in any other case, shall not exceed the height of the highest part of the roof of the dwelling.

Spoke to one of the planners yesterday. He was of opinion that Building Regs had priority over exempted development and that the ceiling should be 2.4m and that they should have applied for planning as height would exceed eaves of existing house and development would no longer have been exempt.

Joe

Poor Uncle Tom

Not necessarily the case joe,

Counterarguement:

If the extension had been constructed by including two steps down at the junction from the original house. Your extension would then look the same as it does now and because of the extra floor to ceiling height would comply with the building regulations.

Ergo, imo, your extension can be considered an exempted development under the provisions of the 1994 planning act. SI No. 86 of 1994 (If memory serves).

However, your extension does not comply with the Building Regulations which would have been enforceable at the time of construction.

What do you intend on doing with the building, are you extending or replacing the flat roof? Is this arguement all just acedemic anyway?

Mellor

Is the house single story or two story?
When was the extension built?

These are two key pieces of info missing.


The exempt development guidelines are not a list of what you have to build.
But are simply limits, and if you are within them, you are exempt. But building regs must be adhered to.

joebre

Hard for me to say when it was built as I do not know the property or owner.
I was looking at it for a friend who was interested in buying it.
Original house in single storey mid-terrace cottage, pre-planning.
Reason for my OP was wondering when the area was increased from 23m2 to 40m2 as I presumed that they build the larger size as a result of the exempted area being increased.

So we agree that Building Regs have priority over Planning ?


Joe

RKQ

joebre wrote: »

So we agree that Building Regs have priority over Planning ?

Yes in general. However, without a reasonable guess as to when the extension was built, compliance or non-compliance is an issue that can not be definatively addressed.

Was the extension constructed before July 1992? If so it is exempt from Building Regulations.

joebre

My best guess is that is was built around 2001. I thought it would be exempt as it was under 40m2. However the 2.1m ceiling had me bothered.
My advice to my friend was that it could not be considered exempt as ceiling height was not 2.4m
Retention would be necessary. Problem for seller and not my friend !

Joe