arusha
27-04-2007, 09:15 AM
Hello,
Sorry this is a long one...
Background: I have three converted flats (a terraced house which was converted in the 60s). I am doing a cellar conversion to the bottom one to make it a 1 bed flat (it is currently a studio). I am also doing a loft conversion to the top one to add a bedroom and bathroom and generally make it bigger and nicer. I am also changing the walls a bit in the middle flat to give it a lobby. At the same time they are all getting new kitchens and being refurbished so there is a lot of work planned.
I used an architect who sent off the drawings and paperwork for building regs and planning permission.
Planning permission question:
Planning permission for a window in the cellar room and a velux window in the loft was granted with conditions and one of the conditions was that the use of the basement is incidental to the main dwelling (the whole house) and that it won't ever be sold as a seperate unit. This is a ridiculous condition as you can clearly see from the plans that the place where the window is going is a bedroom and the basement is used as a seperate flat. It has been used this way for ages and the council must know that as they have been accepting the council tax split up as three flats. (although it has been empty for the last year - does this complicate things?). The architect was making out that it is good news the planning permission has been approved but surely that condition makes it as bad as it being refused.
The next thing is building regs:
The building regs came back with a whole list of things like they need 60 minutes fire resistance between the flats (the architect put 30 mins) and many more things that I think my architect should have known before he sent the plans off. Most of them my builder said he would do for free or we were already planning on doing them. There is one that could be a big expense however. They wanted to know if the property is going to be used as a HMO or flats/maisonettes. If it is a HMO then it needs an alternative fire protected staircase from the loft (I think this means some metal stairs as a fire escape on the outside?). I haven't looked into it but looking at the building I can't see where it would go? It is four stories high at the back and quite narrow and there are windows everywhere? Anyone got any experience of these? Can you get ones that you just lower in an emergency and so they won't be in the way the rest of the time. If they are flats there are other rules I must meet, (mostly small things that I was already doing).
We are coming back to the question again of whether or not my property is a HMO? I have always thought that it is but doesn't need a licence if I kept the number of people under 5. I can't see why the council are asking me this question as surely they should know the answer? It is both. I can only think they must be asking am I going to keep them and rent them out, in which case it would be a HMO or am I going to sell them individually as flats. I originally planned on keeping them and renting them with a plan to sell in the future. However I am open to selling them now if keeping them proves too costly/complicated with the licencing laws etc.
My questions are can I say they are flats as they are now because of only having one person living it, only one flat let out of the three (due to planned building work). Would this avoid having to put the extra stairs in which i don't think will fit.
If I say they are flats will I have to sell them afterwards as by renting them I would be making them a HMO. If I apply for a HMO licence in the future will it be a problem that I said they were flats when I got building regs.
Final question, am I expecting too much of my architect to expect him to have known about building regs for converted flats? He seems to be trying to wash his hands off the whole thing now. He replied about the building regs (haven't seen his response yet) but just said I need to call the council about the planning permission condition. I haven't used an architect before so not sure what they are usually like but I don't think his after service has been very good.
Hope there are still some people left reading this!
Sorry this is a long one...
Background: I have three converted flats (a terraced house which was converted in the 60s). I am doing a cellar conversion to the bottom one to make it a 1 bed flat (it is currently a studio). I am also doing a loft conversion to the top one to add a bedroom and bathroom and generally make it bigger and nicer. I am also changing the walls a bit in the middle flat to give it a lobby. At the same time they are all getting new kitchens and being refurbished so there is a lot of work planned.
I used an architect who sent off the drawings and paperwork for building regs and planning permission.
Planning permission question:
Planning permission for a window in the cellar room and a velux window in the loft was granted with conditions and one of the conditions was that the use of the basement is incidental to the main dwelling (the whole house) and that it won't ever be sold as a seperate unit. This is a ridiculous condition as you can clearly see from the plans that the place where the window is going is a bedroom and the basement is used as a seperate flat. It has been used this way for ages and the council must know that as they have been accepting the council tax split up as three flats. (although it has been empty for the last year - does this complicate things?). The architect was making out that it is good news the planning permission has been approved but surely that condition makes it as bad as it being refused.
The next thing is building regs:
The building regs came back with a whole list of things like they need 60 minutes fire resistance between the flats (the architect put 30 mins) and many more things that I think my architect should have known before he sent the plans off. Most of them my builder said he would do for free or we were already planning on doing them. There is one that could be a big expense however. They wanted to know if the property is going to be used as a HMO or flats/maisonettes. If it is a HMO then it needs an alternative fire protected staircase from the loft (I think this means some metal stairs as a fire escape on the outside?). I haven't looked into it but looking at the building I can't see where it would go? It is four stories high at the back and quite narrow and there are windows everywhere? Anyone got any experience of these? Can you get ones that you just lower in an emergency and so they won't be in the way the rest of the time. If they are flats there are other rules I must meet, (mostly small things that I was already doing).
We are coming back to the question again of whether or not my property is a HMO? I have always thought that it is but doesn't need a licence if I kept the number of people under 5. I can't see why the council are asking me this question as surely they should know the answer? It is both. I can only think they must be asking am I going to keep them and rent them out, in which case it would be a HMO or am I going to sell them individually as flats. I originally planned on keeping them and renting them with a plan to sell in the future. However I am open to selling them now if keeping them proves too costly/complicated with the licencing laws etc.
My questions are can I say they are flats as they are now because of only having one person living it, only one flat let out of the three (due to planned building work). Would this avoid having to put the extra stairs in which i don't think will fit.
If I say they are flats will I have to sell them afterwards as by renting them I would be making them a HMO. If I apply for a HMO licence in the future will it be a problem that I said they were flats when I got building regs.
Final question, am I expecting too much of my architect to expect him to have known about building regs for converted flats? He seems to be trying to wash his hands off the whole thing now. He replied about the building regs (haven't seen his response yet) but just said I need to call the council about the planning permission condition. I haven't used an architect before so not sure what they are usually like but I don't think his after service has been very good.
Hope there are still some people left reading this!