Building Planned - but in two phases

[garnern83]

Hi,

I've acquired planning permission for a two-storey extension (GF and First
Floor). However after deliberation and getting some quotes, its become clear we need to do this in two stages. I won't go into the reasons, but we need to do the first floor now and then will follow with the 2nd storey in 24 months time. Existing planning will cease May 2021.

My intention is to build the first floor, put a low cost roof on it and then go up later - I don't need comments on the economics, I understand this is inefficient. I need to understand where this leaves me with planning.

I know that I can build the first floor, but then I want to pause, and then complete the first floor. All within the planning window. Couple of questions:

-What is the best way of going about this? Just use the existing plans and build? Or obtain a separate permitted development certificate (it meets the criteria) for the GF, then use existing planning for 2nd floor in 24 months? (Not sure if this would effect existing Planning Perm.)

-If I stop will I be able to get a completion certificate for the first floor, without impeding my ability to build the 2nd?

-I will be remortgaging between GF and FF builds so I assume I'll need a completion certificate? Will this effect my ability to continue with FF?

My take is that I'm commencing then pausing, so the extension has been commenced in the three year window and I will also have completed the entire thing in the three year window...so I'm doing what planning allows - my concern is ensuring that I can obtain a completion certificate inbetween.

Help welcome

 

[Leo]

You won't get a completion cert for a structure that doesn't comply with the permission granted. Without a cert of completion you cannot occupy the property.

 

[kceire]

You won't get a completion cert for a structure that doesn't comply with the permission granted. Without a cert of completion you cannot occupy the property.

This is in relation to the Building Control Amendment Regulations, Planning is a separate matter. You will not need a Cert of Compliance at this stage as the full planning has not been implemented. You may be able to get an interim Cert to say that the first phase is in compliance with what has been granted, just incase for insurance reasons its required, but the Completion Certificate is a BCAR process.

Basically, you have planning for the development.
This is how you can proceed :

Lodge a Commencement Notice to the Building Control Authority online through the BCMS (www.localgov.ie)
Depending on the floor area, you will need an Assigned Certifier or you can Opt Out of this requirement. You will need to engage an Engineer/Architect/Surveyor anyway to oversee, design, inspect and certify.
The Commencement Notice can state that the development is being carried out in 2 phases. The first phase relates to the Ground Floor Element, and then the 2nd Phase will be the First floor Element, which you will lodge a new Notice when that time comes.

The trouble here, is if you don't complete the first floor element, then you may need to seek Planning Retention to regularize what is actually built on the ground.

 

[Leo]

The Commencement Notice can state that the development is being carried out in 2 phases. The first phase relates to the Ground Floor Element, and then the 2nd Phase will be the First floor Element, which you will lodge a new Notice when that time comes.

Can they legally occupy the building between phase 1 and 2? It's actually not clear from the OP if that is indeed their intention or whether they will continue to live elsewhere, but I'm guessing cash-flow is the driver here and so continuing to pay rent/ mortgage elsewhere is likely not what they had in mind.

If there is financing required the build the ground floor phase, draw downs are likely to be an issue.

 

[kceire]

Can they legally occupy the building between phase 1 and 2? It's actually not clear from the OP if that is indeed their intention or whether they will continue to live elsewhere, but I'm guessing cash-flow is the driver here and so continuing to pay rent/ mortgage elsewhere is likely not what they had in mind.

If there is financing required the build the ground floor phase, draw downs are likely to be an issue.

Yes, my opinion is that they can legally occupy the building as phase 1 is complete and built to the Regulations. It happens all the time currently, you can lodge partial completion certs for buildings and developments.
In this case, its a small domestic extension, so there may not even be requirement to lodge a Completion Cert (Depends if the OP goes down the Assigned Certifier route or Opt Out Process).