UKC

Hi,

We want to put 2 windows in the side of our house and, because we are <1m from the boundary of the property, we are only allowed a total area of 1.0m2 if we want them to open.

I'd like to put the windows in at 0.9m x 0.6m, but that gives an area per window of 0.54m2 per window, which is just over, but I'd consider it a rounding error.

Am I likely to get away with this in practice?

The developers (it's a new build and we need their permission) are insisting that we need to put them in at exactly 0.5m2 each, or they won't allow it.

Doesn't seem to matter that the windows they themselves have put in when building the house next door are at least 1.13m2, plus further issues with vent bricks pushing the area up even further.

They seem to have got away with this on the plans by drawing the boundary between our properties down the middle of our driveway, when it should be their wall! The cynic in me thinks that's not a mistake - it is also something else I need to get sorted out.

Qualified advice preferred, please

Not qualified, but experience based.

Selling your house when in breach of building/planning regulations may be harder.

We had a shed/home office built at the end of the garden and the company built it to a height of 2.2m despite the plan/design being 2.1m to meet the regs.

One of our neighbours (still don’t know who!) complained generally about it. Building control/planning turned up and informed us it was outside of building regs/permitted development but they considered the infraction “de minimis” so wouldn’t be taking any enforcement action. 

However I checked with a lawyer and if we sold the house in the near term we would have to tick/state we weren’t in compliance. Hence I got the shed/office firm back to sort it, wrote to building control/planning enforcement so they noted on the file that it had been fixed.

Not an expert, but the relevant guidance is about fire safety and boundaries, see here Page 83:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/...

There is the possibility to put each <=1m2 window more than 4m apart if that works.

There is also planning to consider. See permitted development and obscured glass if they are on the side of the house

Thanks for the link - I've looked at something similar before. The diagram on page 87 is the relevant one for me.

I can't separate the windows more than 4m, so that's out - they will be above one another.

However, they will be in different rooms, which suggests that I "can" have the windows at the sizes we want, due to the compartment separation.

I've already got planning permission and they will definitely have obscure glass, as will both be for a bathroom and toilet.

Absolutely - not that we're planning on moving for a long time (we've only just moved in), but we basically want to get windows that are of a decent size, i.e. as big as we are permitted to have.

I don't see who'd be bothered to check up after completion of the work?

Wouldn't the worst downside be the cost of replacing a slightly too big window with a smaller one plus a bit more window frame? 

It actually sounds like you have two distinct issues:

1. The developers

2. Building control/planning.

It seems there isn't a planning issue with having your windows if you already have permission. On the  few occasions I've had to talk to building control about not being able to comply with regs (last one was a loft confirmation where the height of the bottom of an 'escape' window would have been fractionally too high off the floor or something) I've found they've been dead helpful. It's usually been a chat and I've pointed out it meets the intent of the regs, but is there or there abouts and they've jotted on a pad and said "good enough".

Looks like your main problem is the developer being an arse, (especially with the boundary) rather than building regs.

Does this mean your neighbour owns half your driveway?

Yes - we had to re-submit the application to get them to lower the opening height of 1.7m to 1.6m to match up with the other windows and every other house on the estate!

I've actually phoned someone at building control today and their opinion is that 0.54m2 is within tolerance and wouldn't raise an eyebrow.

Yes - even if they are "technically" correct, they haven't followed the rules themselves.

No - there would be no reason for them to do so, as their driveway and garage is on the other side of the house. They logically wouldn't own a portion of our land that would prevent access to our own garage.

I'm sure it's just a mistake on the plans, but I do need to get it sorted out - I've already raised it as an issue.

I would recommend making sure you get a FENSA certificate for the new windows as this will show that they are compliant with the building regulations. 

https://forms.fensa.org.uk/fensa-certificate 

Not many people would accept 8% as a rounding error.

Unqualified advice - 0.54m2 vs 0.5m2 is such a small difference it's worth checking what the precise definition of the 0.54m2 from the window supplier and 0.5m2 area for planning permission.

Are they different definitions or do they both refer to the area of glass, the same larger area of glass and openable frame for escape or the same even larger of glass, openable frame and frame fixed to the house? 

Considering that getting the window area down to building regs would involve shaving a whole 6 cm of the long side of the windows is trying to push this through a bit of a waste of time? If you get away with it that's great, for now, until maybe you do have to sell up and have a ball ache trying to sell. If you put them in and then get can't get them signed off and have to modify them, that would be a massive pain in the arse.

You can probably make the rooms appear lighter more easily by cosmetic means like painting of material choices.

Reading a bit further into this. one of the reasons for the max size is fire spreading between properties. If you really really want the extra light just spec some fire rated frames and glass. It will cost you a fair bit more compared to the standard units.

Forget windows for a minute.. more importantly the boundary. You expect it to be in one place and you saw a plan with it somewhere else (mid driveway).

Now a shared drive with a boundary down the middle is very common. Rather than *assume* where the boundary is, despite what you may have heard or been told in the past, you'd do well to go and get a land reg title plan https://www.gov.uk/search-property-information-land-registry for £3 and see exactly where it is. It might be down the middle of the driveway?

Good you put a link to the land registry site, beware of scam sites where you can pay a lot more than £3.

Also for £3 , its worth checking what the LR show for the neighbours ownership. At my previous house , it was amazing how much discrepancy, overlap and unclaimed bits there was on nearby  properties . 

Just bear in mind the land registry might not be current due to Covid, especially as this is a new build.

I downloaded the neighbours title deeds (they moved in about 16 months ago and he has a reputation for trying to annex bits of land at his last house). They're still showing the previous owner on the deeds.

I think is irrelevant in this case. The Fensa certificate only covers the replacement windows complying. New windows of a different size would be covered by the builder doing the work either with building control inspections or some minor works notification.

Of course you should ensure that any replacement windows do comply and a Fensa cert is part of that process. But not relevant to the question of new windows in a new build.