Demolition and S.I. 9

by Bregs Blog admin team

Demolition 1

The BRegs Blog received a query from a reader/planning applicant in relation to the implications of S.I. 9 for demolition works and their impact on the submission of Commencement Notices. The reader’s Assigned Certifier was unable to advise on the correct procedure and when they referred the question to their local Building Control Authority they were unable to answer the question either. We thought our readers might be able to help.

The question received:

I have recently received planning permission to “Demolish existing house and sheds and construct a replacement dwelling…. ”

There are standard conditions associated with the planning permission including some pre-development conditions that I understand I would need to comply with prior to any development commencement. I also understand that demolition of the existing dwelling would constitute development under planning legislation. However demolition is not handled under building control legislation. I am currently at the design stage and preparing to submit a commencement notice under the new building regulations. This is however taking time and I wish to demolish existing structure this summer/autumn as opposed to in the winter when I expect to be lodging the commencement notice.

My specific query is as follows:

Is it possible to demolish the existing house, having complied with the relevant planning conditions, without having received a commencement notice through the BCMS system? If so, how can this be done?

Perhaps some BRegs Blog follower may be able to comment below or email: BRegs Blog Email

*Response 1: via @NigelRedmond – Twitter

I would send in separate Short Form Commencement Notice for the demolition works. Then submit a Long Form Commencement Notice for new build.

*Response 2: via Keith Carney – Facebook

Could the applicant discuss with their local Building Control Officer? Some take different approaches. If the demolition is only one dwelling and not attached to an adjoining structure then the busing regs don’t apply as you are simply demolishing a structure and no Commencement Notice required. If you had to prop up adjoining walls or structure then Part A is affected and thus a Commencement Notice is required. [Editor’s Note: the applicant had advised, as stated above, that they had contacted their Building Control Authority who were unable to provide assistance or direction].

*Note the BRegs Blog accepts no liability for this information and recommends that any building owner seeks professional advice before undertaking and building works.