DAC Required?

DvB

Basically a client has approached us looking to obtain a fire cert for a creche extension to the rear of her dwelling. The creche was granted PP back in 2006but the original architect at that time didnt make her aware that a fire cert was required so none was sought, however a condition attached to the grant of PP was that a continuance would be required after 5 years, this application for a continuance was lodged & approved earlier this year, however this second architect also made no mention of a fire cert being required so again, none was ever sought. Our client has now however been informed that one is required so we are currently preparing the application which is straightforward enough. What i'm wondering though, as the structure was originally granted PP back in 2006 & was constructed later that year is a DAC required on the basis that the continuance permission & fire cert will only have been granted this year? My understanding is that a DAC is not required due to the original PP being granted prior to them being introduced but i thought i'd put it out there to see what others opinions are.

sydthebeat

its my understanding that the planning permission has nothing to do with it, but the time period is dependent on when the construction commenced.

so therefore as construction commenced in 2006, and assuming substantialy coomplete by end 2007, it is not subject to a DAC.

ive had this clarified with our local LA that DACs are not retrospectively applied.

DvB

sydthebeat wrote: »

its my understanding that the planning permission has nothing to do with it, but the time period is dependent on when the construction commenced.

so therefore as construction commenced in 2006, and assuming substantialy coomplete by end 2007, it is not subject to a DAC.

ive had this clarified with our local LA that DACs are not retrospectively applied.

Cheers Syd, thats pretty much my thinking on them also (ie commencement of works & date of substantial completion) being the key factors. The only reason i second guessed was an engineer saying the new PP changes that, i dismissed it as not being the case but it planted a doubt, but nope, thats grand.