Since July when I posted the last set of messages about the MDF partition in my girls bedroom - it went all a bit quiet (children included). However, the person who started all of this (diificult neighbour) :x has now contacted Building Control Officer and complained and they are going to visit- understandably. They have slapped a court thingy on us as well if we don't comply in 28 days. This is the first contact I have had with Building Control and feel the other person has 'whipped' them up. I am very compliant but need to know what to do. I have written to them explaining the history of this. Any help appreciated thanks vanessa
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Since July when I posted the last set of messages about the MDF partition in my girls bedroom - it went all a bit quiet (children included). However, the person who started all of this (diificult neighbour) :x has now contacted Building Control Officer and complained and they are going to visit- understandably. They have slapped a court thingy on us as well if we don't comply in 28 days. This is the first contact I have had with Building Control and feel the other person has 'whipped' them up. I am very compliant but need to know what to do. I have written to them explaining the history of this. Any help appreciated thanks vanessabiffvernon
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Remind us of the problem - Oh, I've just found the original thread.
http://periodpropertyshop.co.uk/phpBB2/viewtopic.php?t=8139&highlight=
http://periodpropertyshop.co.uk/phpBB2/viewtopic.php?t=8139&highlight=
Nemesis
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Yes but - have they actually seen what you have done before slapping court order?
This may prove enlightening. Did you damage much with the partition?
http://planning.northdevon.gov.uk/liveupload/officer%20reports/officer%20report_pb/44396.doc
This may prove enlightening. Did you damage much with the partition?
http://planning.northdevon.gov.uk/liveupload/officer%20reports/officer%20report_pb/44396.doc
Gareth Hughes
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vanessa said:
Building Control Officer, or Conservation Officer? They are two very different beasts, with very different concerns, and very different powers.
Building Control officer. They haven't seen it. There is absoltutely no damage to building.The partition was designed to come down easily with no effect on existing room. NO doubt the Conservation Officer will be next! I am ok about pulling it down if that is what I have to do, but really need to still keep kids apart for next few months thanks vanessa
Nemesis
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If they haven't actually any evidence of what you have done, I wonder how they can slap a court order on you?
I think without a warrant they cannot gain admittance either.
On what grounds has the order been issued, if this is simply a temporary partition, with no damage at all to the fabric of the building?
I think without a warrant they cannot gain admittance either.
On what grounds has the order been issued, if this is simply a temporary partition, with no damage at all to the fabric of the building?
The letter I have is from Building Control saying 'you may have inadvertently created a situation that is in breach of fire provsions'... I intend to take the notice to the Magistrates Court for conversion to a Court Order requiring removal or lateration of the work in 28 days time unless we can resolve the situation in the meantime'. They have enclosed a copy of the Court Document. They want one of their surveyors to visit. thanks vanessa
Note to Nemesis - apparently there is no 'temporary' position with any building work - when it was first carried out it was doen so on the basis of being temporary and no damage to struture etc. It would be easy to dismantle and I have been looking at movable partitions or as in your suggestion in July - wheeled pieces of MDF. Not as good as exsisting structure but would keep neighbour off my back.
Nemesis
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Wonder what they would have done if you had put wardrobes across the room? Or bookshelves? I presume there is some means of getting out in the event of a fire!
DaveBrigg
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It's easy to become scared by official documents like this, but the important words are "'you may have..." and "unless we can resolve the situation in the meantime'".
This shows that:
A) They are only acting on hearsay from a neighbour and have no idea whether there is a problem with this or not.
B) They are happy to talk to you about it and give you a chance to show them, and make any changes that are necessary.
This has nothing to do with it being a listed building (I assume that listed buildings do not have an exemption from fire regulations in respect of new work?). If you have inadvertantly created a fire hazard then no doubt you will be happy to change things to make it safer. This may not involve taking down the partition completely. If the building control officer doesn't think there is a hazard, your neighbour can take his complaint and stuff it up (edit...)
The letter sounds a bit heavy handed considering their lack of knowledge, but I suppose someone in the council is covering their back in case the neighbour decides to take his vendetta further.
This shows that:
A) They are only acting on hearsay from a neighbour and have no idea whether there is a problem with this or not.
B) They are happy to talk to you about it and give you a chance to show them, and make any changes that are necessary.
This has nothing to do with it being a listed building (I assume that listed buildings do not have an exemption from fire regulations in respect of new work?). If you have inadvertantly created a fire hazard then no doubt you will be happy to change things to make it safer. This may not involve taking down the partition completely. If the building control officer doesn't think there is a hazard, your neighbour can take his complaint and stuff it up (edit...)
The letter sounds a bit heavy handed considering their lack of knowledge, but I suppose someone in the council is covering their back in case the neighbour decides to take his vendetta further.
bower1
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You said in the original thread that you are planning to move. If you own the property, be a bit careful of too big a conflict with neighbours as you will need to declare this when selling, even if the reason for the conflict has been removed.
There are no changes to escape routes in case of fire. I was wondering re: wardrobes etc. because these could quite easily be fixed to the wall - I guess it is all in the wording and how they view the structure. I take on the point about selling and disputes - I hate to say it but when I moved in three years ago I 'took over' a dispute about flooring from the existing owner just to get the sale to go through quicker (now resolved but with same neighbour). He is also complaining about our piano and, even though it is in the lease we can own one, wants his flat carpetted at our expense to reduce noise - my partner said we should agree to carpet the top of the piano!
That aside this is making living here a nightmare. Thank you for easing my mind - the letter was horrible to receive and felt heavy handed at the time.
That aside this is making living here a nightmare. Thank you for easing my mind - the letter was horrible to receive and felt heavy handed at the time.
Penners
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I think the best thing you can do is to be completely open with the BCO. Let him/her visit and have a look at the partition. I'm no expert on such things, but if - as seems to be the case - this approach is being made under fire regulations, it may be that your use of MDF (instead of a more fire retardent material) is the problem.
But I should just show it to the BCO, explain your reasons for putting it up, and if they don't like it ask for their advice on what to do in order to comply.
After all, fire regulations aren't just a bureaucratic device to annoy us! They exist to make houses safer.
But I should just show it to the BCO, explain your reasons for putting it up, and if they don't like it ask for their advice on what to do in order to comply.
After all, fire regulations aren't just a bureaucratic device to annoy us! They exist to make houses safer.
DaveBrigg
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I've spoken to a friend who converted the attic of his bungalow to provide more living space. He understood from his BCO that if the rooms were to be used for sleeping accommodation they must have two fire exits. One exit would be the normal access to the room, and the second would be in case at night time smoke or fire made the normal route impassable. In his case, even though the new room was not to be used as a bedroom, he made sure that the roof window that was fitted conformed to the regulations by opening wide enough for someone to climb out in an emergency. There was no problem with the materials used.
Although this advice is no substitute for a check by someone who knows the regulations, it suggests that as long as the twins still have a second way out of the building in case of emergency, there should be no problem. The emergency exit can be a window, and it doesn't have to be in each room space, just somewhere accessible without needing to use the stairs.
I admire your patience!
Although this advice is no substitute for a check by someone who knows the regulations, it suggests that as long as the twins still have a second way out of the building in case of emergency, there should be no problem. The emergency exit can be a window, and it doesn't have to be in each room space, just somewhere accessible without needing to use the stairs.
I admire your patience!
Lime
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The fact that there is a history with this person probably means the council is aware of him and his complaints.
Most council officials will be sympathetic with you because of this.
However alteration of an old building does create the need to ensure fire escape is provided.
Most council officials will be sympathetic with you because of this.
However alteration of an old building does create the need to ensure fire escape is provided.
Had the visit this morning from the building control who was very understanding - seems there is no problem essentially he doesn't consider it in any way dangerous so he will not pursue it. However, he did say that' difficult' neighbour could force them to take further action! But I'm happy at the moment thank you for all your advice.