Retention permission - can we be prosecuted

Ldb_236

Last year after moving into a new house, we added two Velux windows to a sloped roof on the third floor of our house (a three storey, narrow but tall townhouse style) - they are in the front but can't be seen from the street due to the house's height. We are looking to sell and just discovered they should have had planning permission as they are in the front, even if they can't be seen from the outside and don't overlook anything. We'll have to apply for retention planning but my fear is, can the council prosecute us for doing this without permission or how does it work? If a neighbour does complain, do we need to remove the windows and cover it all up? (I don't imagine the neighbours across the road will have an issue at all but we do have an issue with someone from another area over something completely separate and I'm a bit concerned she might object just to cause hassle...) The whole process is making me nervous and just wondering are any of these fears founded? It's all a bit of an unknown. Thanks in advance

Sleeper12

They won't prosecute for not getting planning originally. As you say you didn't realise.

You apply for retention. If you get it then happy days. If you don't you'll have to take windows out.

Gumbo

No prosecution by aging for planning.
You apply for retention to keep the windows. The fee jumps from €34 to €102 but that’s just the council application fee. All other standard planning rules apply. Newspaper ad, drawings, site notice, OSi maps and the standard 3 month process once lodged.

I’d start the process ASAP as you don’t want a sale to fall through over it.

If it gets granted, happy days, if it gets refused you’ll have to have them removed and internal works repaired.

I’ve seen them being refused and granted so precedent will be key here. Has anyone else on the road for planning for them?

Calahonda52

kceire wrote: »

No prosecution by aging for planning.
You apply for retention to keep the windows. The fee jumps from €34 to €102 but that’s just the council application fee. All other standard planning rules apply. Newspaper ad, drawings, site notice, OSi maps and the standard 3 month process once lodged.

I’d start the process ASAP as you don’t want a sale to fall through over it.

If it gets granted, happy days, if it gets refused you’ll have to have them removed and internal works repaired.

I’ve seen them being refused and granted so precedent will be key here. Has anyone else on the road for planning for them?

KC, wearing your other hat, could their presence have any fire exit related issues, given that it is 3rd floor: I know it depends on what the OP was/is using the space for etc etc and how it is being advertised.

OP: can you clarify exactly how space is used and advertised pls

Gumbo

Calahonda52 wrote: »

KC, wearing your other hat, could their presence have any fire exit related issues, given that it is 3rd floor: I know it depends on what the OP was/is using the space for etc etc and how it is being advertised.

OP: can you clarify exactly how space is used and advertised pls

Depending on the current use, yes of course. It may have to be retention of games room, study or family room.

Under the new Part B (Fire Safety) you can relax the secondary means of escape requirements if they have a door exit to a protected escape shaft or stairs.

So yes, planning is one thing but the ops has some Buildong Regukation compliance works to do once planning is obtained in my opinion.

Ldb_236

kceire wrote: »

Depending on the current use, yes of course. It may have to be retention of games room, study or family room.

Under the new Part B (Fire Safety) you can relax the secondary means of escape requirements if they have a door exit to a protected escape shaft or stairs.

So yes, planning is one thing but the ops has some Buildong Regukation compliance works to do once planning is obtained in my opinion.

Thank you for the replies, I really appreciate it. It's being used as a living room/family room and would be advertised as such, definitely wouldn't be marketing it as an extra bedroom because as people said, there is no fire exit. When you say building reg compliance works, what do you mean? Thanks again!

Gumbo

Ldb_236 wrote: »

Thank you for the replies, I really appreciate it. It's being used as a living room/family room and would be advertised as such, definitely wouldn't be marketing it as an extra bedroom because as people said, there is no fire exit. When you say building reg compliance works, what do you mean? Thanks again!

You still need one Fire Exit to class it as a family / living room.

Building Regulation Compliance works may be the insertion of fire doors, smoke detection, protected escape route or similar.....

Ldb_236

kceire wrote: »

You still need one Fire Exit to class it as a family / living room.

Building Regulation Compliance works may be the insertion of fire doors, smoke detection, protected escape route or similar.....

Oh I've got you. Yep there is a door that leads out onto the landing/stairs, and there is a smoke alarm fitted!

Graniteville

Ldb_236 wrote: »

Thank you for the replies, I really appreciate it. It's being used as a living room/family room a store room with obvious potential and would be advertised as such, !

I've corrected that.

Most buyers will see what it potentially can be used for, but don't give it specific uses other than a storeroom or attic room.

"Attic room with velux windows"

Gumbo

Ldb_236 wrote: »

Oh I've got you. Yep there is a door that leads out onto the landing/stairs, and there is a smoke alarm fitted!

Is it a 30 minute rated Fire Door?
Self Closing with intumescent strip?
Are all the other doors in the house fitted with self closing devices?
Is the floor a modified 30 minute rated floor?

Calahonda52

Ldb_236 wrote: »

Thank you for the replies, I really appreciate it. It's being used as a living room/family room and would be advertised as such, definitely wouldn't be marketing it as an extra bedroom because as people said, there is no fire exit. When you say building reg compliance works, what do you mean? Thanks again!

OP,

1. what was it exactly before you bought it?
2. was it sold as three story house?
3. Did you get a prepurchase survey?

The answers to the questions are important, I am not trying to be pedantic here.
KC is the master here on this topic, I am trying to elicit explict answers so as he can opin appropriately.