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The Essential Guide » The Planning Stage » Do We Need Planning Permission or Building Regulations Approval?
Will we need Planning Permission or Building Regulations Approval?
Planning Permission and Building Regulation approval can be required for many different types of projects, some of them for fairly minor things that you probably would not expect. - So it is always worth checking with your local Planning Office before you start any work on any project that involves anything more that “decorative” type changes to any sort of structure.If you live in a “listed property”, you will probably already be aware that Planning Permission is needed for pretty much anything you do to the building apart from breathing!
I’ll briefly list some of the tasks you could be considering, and indicate the ones where Planning, or Building Regs could be required. - You can then judge for yourselves whether or not you come into the relevant categories. Whatever you do, don’t fall into the trap of thinking “Oh it’s only a little job, we’ll just plough on, I’m sure it will be ok”. (If you do just “forge ahead” regardless and at some time later you are “found out”, ok, you can apply then, - it’s called a “Retrospective Application”. - BUT, if that application fails, you can be made to take out / down whatever you have built or changed. – For the sake of a phone call to give you of mind, it’s just not worth the risk).
Before I start, you can just take it as “read” that if you are in a listed building you probably will need Planning Permission, whatever you do. – If you work on that theory, at least you should be covered!
Which residential changes / alterations could, or would require Planning Permission and Building Regs Approval?
(Disclaimer: These notes are intended as a general guide. Every project is different, so we cannot be held responsible if your particular project varies from the guides shown below. – Always check before you start work on any project, large or small).
Basements:
Existing basement:
Planning:
You won’t generally need Planning Permission to change the use of an existing basement to a living area (subject to minor conditions)
New Basements: These will probably require “Planning Approval”.
Building regs: It is likely that you will need Building Regs approval on either existing or new basements.
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Bathrooms / Kitchens:
Planning:
You will generally not need Planning Permission to change or install either a bathroom or kitchen (unless it forms part of an extension to a property).
Building Regs:
Not normally required for the installation of the bathroom or kitchen itself, but may be needed for any alterations to drainage or electrical work involved.
Biomass systems:
Planning Permission:
You generally won’t need planning Permission to install a biomass system. - If you need to install an external flue you may still be ok, but check first.
Building Regs:
Will apply to install a biomass system.
Boiler (changing):
Planning Permission:
Not usually required.
Building regs:
Building Regs will usually require a condensing boiler these days, but if this is impractical on your particular property they can waive the requirement – Check with your local office about your own situation.
Ceiling / Floor replacement:
Planning is not usually required.
Building Regs:
May require the insulation above the ceiling to be upgraded, if the ceiling is below a cold loft space or a flat roof.
Chimneys / Flues / Soil and Vent Pipes:
Planning:
You won’t normally require Planning Permission to alter or replace an existing chimney, flue or soil and vent pipe, as long as it complies with certain conditions. Check before you start.
Building regs:
Are not normally required, but you should ensure that you use a competent and suitably qualified installer.
Change of use:
Planning:
You may be considering buying a property which may have been a shop, office or anything which was not “residential”. If so, you will probably need to apply for “Change of use” before starting work.
Building regs: You will probably also need to apply for Building Regs Approval as the regs which are relevant for a commercial building are not necessarily the same as those applying to residential property.
Conservatories:
Planning Permission:
The Planning Permission rules changed in 2008 regarding Conservatories state that adding a conservatory in now classed as “Permitted Development”. However there are conditions attached to the new rules which you would need to check up on to check whether your own particular Conservatory will be exempt.Building Regs:
The situation is the same. Conservatories are normally exempt, but subject to certain conditions which you will need to check up on.
Decoration:
Planning Permission:
Internal decoration does not normally require Planning. External walls may need Planning before decorating. Check before you start.
Building Regs:
Generally are not needed for decoration works, but work on some external walls may require them.
Decking:Planning:
Is not normally required as long as: The decking is no more than 30cm above the ground, AND, together with other extensions (which it is classed as), the total area covers not more than 50% of the garden area.
Building Regs:
If a “deck structure” requires Planning Permission it should be assumed that it also requires Building Regs. If not you may be ok, check before you start.
Demolition:
Planning:
You may be surprised to learn that you do not normally require Planning Permission to demolish either a house or outbuildings, unless the council have made “an article 4 direction” on the property which will restrict any alterations of demolition on a particular property. – Just in case you think “I know, I’ll demolish that old outbuilding and replace it with a new house”, - the “down side” is that if you go ahead and demolish an existing building, you won’t necessarily then achieve Planning Permission to replace it with anything, new – even if it’s identical!
Building Regs:
Building regs for demolition are more important, and there is a good chance that unless the work is minor, that you WILL need to apply. You may also need to comply with something called “Construction (Design and Management) regulations 1994, and have to supply a Health and Safety Plan (normally produced by the “Main Contractor” ).
Drainage:
Planning:
Installation of drainage on a new project will normally come under the overall Planning Permission approval. Generally you will not need Planning for repair, or maintenance work, unless the council has made an “Article 4” Direction, withdrawing permitted development rights. You should check who owns the drains before working on them.
Building Regs:
Repair or maintenance does not normally need Building regs Approval but if you are installing anything new you probably will need to gain approval before starting the work, along with inspections as the work is done.
Driveways and Paths / Patios:
Planning:
Minor work to alter paths is normally permitted without Planning. Driveways MAY be the same, but with changes in 2008, if you are doing “Significant works of embanking or terracing to support a hard surface”. What that actually means to your project, you would need to check with your local office!
Building Regs:
Building regs will not normally be needed if you are just replacing what’s already there, but if you start to make any changes to the levels, introduce steps or anything else which starts to change the “nature” of the existing drive, you may need to apply.
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Extensions:
Planning:
Extensions are now normally regarded as being “development not requiring Panning Permission”, subject to certain conditions. You’ll need to get details of your proposal together to be able to contact the Planning Dept to ask confirm whether or not YOUR particular project will or will not need approval.
Building Regs:
Most extensions will require Building Regs approval.
External walls:
Planning:
Minor improvement works do not generally need Planning. If you are planning to re render or change timber cladding, and you live in a Conservation area, a National Park, and Area of Outstanding National Beauty, or the Broads, you may need to apply.
Building Regs:
Maybe needed, if you are changing more than 25% of the surface of the external wall. You may also have to add insulation. If you want to insert cavity insulation, you will need to check that the materials you are using are acceptable with regards to Building Regs.
External Windows / Doors:
Planning:
Planning is not normally required for window, door, or glazing “repairs, fitting, or replacing”. ( Conservation and other designated areas may differ ).
Building regs:
DO apply however is respect of Thermal performance, safety, air supply, means of escape and ventilation.
Fuel Tanks: Do not normally require Planning, subject to conditions, which you will need to check.
Building Regs will need to be met, regarding construction of the tank itself, shielding from the property, from fire risks and from leakage. But this may not require a full application.- Check with your Local Authority.
Facias / Soffits:
Planning:
Planning is not normally required to replace these.
Building regs:
Are not normally required, but you are advised to make sure that as you do the work, you are not reducing the ventilation within the building which could lead to problems with damp later on.
Garden Walls / fences / gates:
Planning:You may need to apply depending on a number of factors including the intended height and position. There are a number of conditions which could affect your individual situation. If you detail your proposal in writing to the Planning Office they will be able to guide you.
Building Regs:
Fences, walls and gates do not need Building Regs, but they must be structurally sound and properly maintained. If you build a garden wall which is classed as a “Party fence wall” then you may need to notify the adjoining owner.
Garages and other Outbuildings
Planning:
Buildings such as Greenhouses / Kennels / Sauna cabins / Swimming pools / Garden buildings generally / Enclosures ( such as tennis courts), car ports etc: Rule changes in 2008 relaxed the requirements for Planning on these types of buildings, but there are still conditions attached, which are generally the same as those which apply to Conservatories. – You will need to check on whether or not YOU on your particular project will, or will not need to apply.
Building Regs:
If a building is of less than 15 square meters in floor area, you will not generally need Building Regs. If it is 15 – 30 sq m, you will usually not require regs as long as it is either more than 1m away from boundaries, or it is built of “substantially non combustible materials”.
Garage Conversion:
Planning:
Planning Permission is not now normally required to convert a garage into a living space, providing that all the work is internal and does not involve enlarging the building itself. There are, however exceptions where “Permitted Development Rights” have been removed from a property. So check on your particular property before you start.
Building Regs:
Will normally be required
Heat Pumps:Planning:
“Ground Source” or “Water Source” heat pump systems do not usually need Planning Permission.
Air Source” heat pumps will be classed as “permitted development” once standards and safeguards are in place to deal with any noise generated.
Building Regs:
Any “Heat Pump” system which is installed will need to comply with Building Regulations.
Hedges / Trees:
Planning:
You won’t normally need Permission to plant a hedge, but you will need to maintain it and to make sure that it’s not a nuisance to anyone. Some tress are protected by Tree Preservation Orders ( TPO’s). You will need consent before pruning or felling them. There are also additional conditions covering trees in Conservation areas.
Building Regs:
Not normally needed for trees and hedges, BUT roots can eventually affect foundations over 20m away, so consideration should be given when choosing and planting trees in the vicinity of properties.
If you wish to have an adjoining hedge lopped because it interferes with your property, there are routes you can go down, under “Part 8 of the Anti- social Behaviour act 2003. However this route can be expensive, and you are encouraged to try to deal directly with the owner to solve the problem before applying to the Council for assistance.
Hydro Electricity:
Planning:
The installation of a Hydro Electricity will normally require Planning Permission.
Building regs:
Will normally also be required.
Insulation:
Planning:
Planning is not normally required for installing insulation as long as its installation does not affect the external appearance of the building.
Building regs:
Will be required when insulation is fitted as part of an construction process. But you may be surprised you know that even if you are upgrading existing insulation, you still need to comply with Building Regs (personally I would have thought that “an improvement is an improvement”!).
Internal Walls:Planning:
You will not generally need Planning to repair, upgrade or remove an internal wall.
Building Regs:
Will normally apply. You need to ensure that whatever work you do to the wall will not have an adverse affect on other parts of the property.
Lighting / electrical:
Planning:
Generally you will not need Planning for minor domestic lighting changes. However, if you are installing security or other bright lighting you need to make sure that it is installed in such a manner as not to disturb other people.
Building Regs:
You will not normally have to apply for Building Regs for installing lighting to a residential property, BUT you should use someone who is registered on the “Competent Person” scheme, or make an application to your Local Authority’s Building Control Dept or to “Approved Inspector. If you are not sure how these requirement affect you, give the Local Authority a call.
Loft Conversion:Planning:
Planning is not normally needed to convert an existing loft, unless you are extending or altering the roof space, or if it exceeds other limits and conditions. – Check before you start.
Building Regs:
Will be required to carry out any loft conversion.
Porches:
Planning:
The planning rules for porches are applicable to any external door to the dwelling house. You need to apply for planning permission when: 1) The ground floor area (measured externally) would exceed three square metres. 2) Any part would be more than three metres above ground level (height needs to be measured in the same way as for a house extension). 3) Any part of the porch would be within two metres of any boundary of the dwelling house and the highway.
Building Regs:
If porches are under 3 sq m they are normally exempt. – AS LONG AS glazing and electrical installations comply with present regulations. The front entrance of the existing house must also stay in place, and the porch must not adversely affect access.
Roof:
Planning:
You don’t normally need Planning Permission to repair or replace you roof, or to add rooflights or sklights, subject to certain conditions:
1) Any alteration should not project more than150mm from the existing roof plane.
2) No alteration is to be higher than the highest part of the roof. 3) Side facing windows are to be obscure glass, and any opening must be at least 1.7m above a floor.
(Solar panels have different rules).
Building Regs:
If you are repairing or changing less than 25% of the roof you will not normally need Building Regs, but there ARE conditions attached to that which you will need to check before you start.
Satellite dishes / Television Antenna:
Planning:
Planning restrictions vary from place to place. Check before you install.
Building regs:
Do not normally apply, but check that the installation is secure and safe.
Solar Panels:
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Planning: You will probably not need Planning permission to install Solar Panels to a house. However there are some exceptions which you should check out with regards to your particular area and your project, before you start.
Building Regs:
Will normally apply.
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