"neil leslie" wrote in message
...
Thanks for all the feedback so far. I'm now at a point where I have to
resubmit my plans taking into account what Building Control have said.
Given the size of my kitchen I can't comply with their wishes for the
window, how do you think I should proceed? I'm in Scotland so what
BigWallop said about dirty windows would apply to me.



First of all Neil, what I said before is correct in respect of the Building
Regulations for England & Wales. I wasn't aware you were north of the border.

I've had a look at the Scottish Building Standards and as far as I can see,
Regulation P2.3 requires a building in your purpose group (1A) to be constructed
with safe access for cleaning windows that are 4m and more above ground level,
which I assume applies to you. The "deemed to satisfy provisions" covering this
regulation say...

"The requirements of P2.3 will be met where external and internal glazed
surfaces can be cleaned safely from

a inside the building in accordance with the requirements of Clauses 10.2,
10.3 and 10.4 of BS 8213: Part 1: 1991;"

Unfortunately I don't have easy access to the British Standards at present and I
can't look up these requirements, but I imagine this will be what the Building
Control Officer is looking at. Someone else might be able to help here.

As in England, the Building Standards are not retrospective - they cannot
require you to upgrade an existing non-complying building in order to comply,
unless you are doing some work which *makes the situation worse than it was
previously*. So, if there were previously kitchen units under the window, you
are not making the situation any worse if you simply replace them. That would
be my argument.

Whatever IMM says, you DID do the right thing by asking the council whether
permission is necessary. Whether you got the right answer or not is debatable.
It seems extremely unfair to prevent you from replacing the kitchen as it was,
as the structural work in no way affects the window. I think you should still
ask the BCO to quote the regulation he is applying and ask for an explanation.
(It forces him to think carefully about his reply). If that doesn't help, maybe
you should write to the Chief Building Control Officer explaining the situation,
making sure you state clearly that the kitchen has always had a unit under the
window, and ask him for a written ruling. If that backs up the BCO then your
only option is to appeal, but that's a very costly and drawn-out process for
your situation.

That would be the officially correct way of dealing with this. Alternatively, I
agree with Richard's suggestion that you sort out the kitchen units after the
structural work has been signed off.

Hope this has been helpful.
Good luck!
Peter