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5_______________________

Requirements for planning permission and Building Regulations approval

There are some changes that you can make to your home without having to get permission as long as the work does not affect the external appearance of the building. This called ‘Permitted Development’. Outside these rights you will find that the majority of building work requires you to have Planning Permission and/or Buildings Regulations approval prior to starting the work.

In this chapter:

This chapter shows whether Planning Permission and/or Building Regulations apply to particular projects (which are listed in alphabetical order). This chapter is produced as a guide to the requirements you should be advised that there may be variations in the planning requirements, and to some extent the Building Regulations, from one area of the country to another. In all circumstances, you should consult your Local Authority for specific guidance which relates to your planned work in your area.

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Home improvement projects can involve renovating a new property as well as adding space and value to your home. Financing your project is the most important element of the planning phase and requires monitoring throughout. Detailed guidance about how to budget for a home improvement is available from the Home Owners Alliance and the following links will assist you with your planning:

Some Local Authorities charge for their advice and some of this guidance currently applies to England. Guidance specific to Scotland and Wales is available by following the links on the Planning Portal.

5.1  Advertising

Although there are exceptions for some smaller signs and those that are not illuminated most advertisement signs on buildings or land often require planning consent. It is therefore always advisable to check with local development control staff., but it.

You are permitted to display certain small signs at the front of residential premises, such as election posters, notices of meetings, jumble sales, car for sale etc. and information such as the house name or number and information signs such as ‘Beware of the dog’. Temporary notices relating to local events, such as fêtes and concerts may be displayed for a short period as long as they are under 0.6m². Estate agents’ boards are covered by different rules but, in general, these should not be bigger than 0.5m² on each side.

Professional and business types of display and permanent signs may come under the category of ‘advertising control’ for which planning consent is required. Signs for businesses are a complex area and in addition to any Planning Permissions they must:

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Illuminated signs and all advertising signs outside commercial premises need to be approved. Most local authorities can give advice, by way of booklets or leaflets, on what sign are allowed, not allowed or need approval. If you are in any doubt you can download a free booklet Outdoor Advertisements and Signs: A Guide for Advertisers. This can also be downloaded from the Planning Portal (https://www.gov.uk/government/publications/outdoor-advertisements-and-signs-a-guide-for-advertisers).

It is illegal to post notices on empty shop windows, doors and buildings, and also on trees. This is commonly known as ‘fly posting’ and can carry heavy fines under the Town and Country Planning Act.

5.2  Aerials, satellite dishes and flagpoles

Note: These limits refer to buildings as a whole and not flats within them. If you wish to install any of the above on a flat you should contact the Local Authority.

You will need specific advice if you plan to install a large satellite dish or aerial, such as a short-wave mast, as the rules differ between authorities. Unless it is a stand-alone antenna, flagpole or mast greater than 3m in height you will not need to apply for permission.

Before you go to any expense by purchasing or renting an antenna, check whether you need Planning Permission, listed building consent, or permission from the landlord or owner. You are responsible for placing antennas in the appropriate position.

Remember, if you are a leaseholder, you may need to obtain permission from the landlord and if your house is a listed building, you may need Listed Building Consent to install a satellite dish on your house.

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5.3  Basements

The creation of living space in basements and its planning regime is evolving and continues to be under review at the time of writing. In all circumstances before you carry out any work you are advised to contact your Local Planning Authority to discuss any local policy changes.

5.4  Biomass-fuelled appliances

If the project also requires an outside building to store fuel or related equipment the same rules apply to that building as for other extensions and garden outbuildings. It is recommended you use a suitably qualified installer who belongs to either the Microgeneration Certification Scheme or a relevant Competent Person Scheme.

5.5  Ceilings and floors

The condensation risk in the roof space should be assessed and any provision in line with the requirements of Approved Document C should be made. If a dwelling has a pitched roof you will need to provide new or additional loft insulation unless the loft is already boarded out and the boarding is not to be removed as part of the work. Under a flat roof in a dwelling the insulation should be placed between and over joists as required to achieve the target U-value set out in the Approved Document. Where the ceiling height would be adversely affected, a lower performance target may be appropriate.

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Note: Technical guidance can be found in Sections 6.5 and 7.5 (Floors) or 6.7 and 7.7 (Ceilings), and Approved Documents C and L.

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5.6  Central heating

If the project requires an outside building to store fuel or related equipment the same rules apply to that building as for other extensions and garden outbuildings. Planning Permission is not normally required for installation or replacement of a boiler or heating system if all the work is internal.

5.6.1  Repairing a heating system

Where permission is required it may not be necessary to apply in advance of carrying out the work so if an emergency occurs you can carry out repairs straightaway as long as they comply with the requirements and after the event you should apply for retrospective approval and a completion certificate. If any existing system is altered or replaced then the person who last worked on the system is considered to be responsible for the safe running of that system. They should issue a certificate to show that the necessary checks have been carried out.

Further guidance is given in the Department for Communities and Local Government (DCLG) publication “Domestic Building Services Compliance Guide”.

5.6.2  Replacing boilers

Building Regulations approval is required for new boilers (or a cooker supplying heating such as Aga/Raeburn etc.). This applies if you intend to change your existing hot-water central-heating boiler or convert to a hot-water central-heating boiler from another form of heating system. With new boilers, particular close account needs to be paid to safety issues and energy efficiency. It is therefore recommended that you employ someone registered under an approved scheme such as the Competent Person Scheme for Oil or Solid Fuel boilers or for a Gas Boiler, someone who has been Gas Safe Registered since 1 April 2009.

Replacement boilers are required to be condensing boiler unless there is sufficient reason why one cannot be installed and boilers should have a minimum efficiency of 86% (Gas) or 85% (Oil).

The guidance in Approved Document J should be followed in relation to chimney labelling, flue linings and outlets, hearths and air supplies. If it is proposed to have a new storage tank for an oil-fired heating system the guidelines set out in Approved Document J relating to fire safety pollution should also be followed this may mean that replacement oil storage tanks cannot be sited where the old tank was.

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Householders may engage a firm that is not a member of one of the approved Competent Person scheme but they will then need to give notice to the Local Authority of the intention to carry out the boiler work in advance, and pay the relevant notification fee. The Local Authority Building Control (LABC) may check the works and may employ a registered installer to do this. The installer should produce you a commissioning certificate (e.g. a Benchmark certificate) and notify the Local Authority Building Control department when work is complete. You will then receive a building regulations completion certificate in due course from the local authority.

It is advisable to follow the advice in the Department for Communities and Local Government publication: Domestic Building Services Compliance Guide (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/453968/domestic_building_services_compliance_guide.pdf) which gives details how a registered installer can carry out an assessment of the type of boiler you will be required to have.

5.7  Ceilings and floors of use

5.8  Change of use

The use of buildings or land for a different purpose may need consent even if no building or engineering works are proposed. Again, it is always advisable to check with your local development control staff. When you are assessing use of your property, whatever business you carry out the key test is to identify if it is still mainly a home or has it become business premises. If you are in doubt you may apply to your Council for a Certificate of Lawful Use for the proposed activity, to confirm it is not a change of use and still the lawful use.

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Note: There are additional changes of use Permitted Development rights which apply from 30 May 2013 and these are covered in section 5.8.3 of this book.

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5.8.1  What is meant by material change of use?

A material change of use is where there is a change in the purposes for which or the circumstances in which a building is used, so that after that change:

Whenever such changes occur, the building must be brought up to the standards required by all existing Approved Documents. This may involve Building Regulations approval even though you do not consider the works to be ‘building works’.

5.8.2  Use classes

The following table shows the types of use which may fall within each class of use.

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Note: The fee for prior approval for change of use is (at the time of writing) £80.

5.8.3  Changes to Permitted Development rights which applying from 23 May 2017

A number of changes to Permitted Development rights took effect on 23 May 2017. These are summarised below and include:

5.8.3.1  Agricultural buildings

Agricultural buildings under 450m² are permitted to change to dwellinghouse, together with some building operations necessary to facilitate the conversion. As long as

Agricultural buildings under 500m² may change to a flexible commercial use, comprising A1, A2, A3, B1, B8, C1 or D2 uses. As long as Prior Approval is sought in relation to uses over 150m² in respect of transport and highways impacts, noise impact, contamination risks and flooding risks.

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Agricultural buildings within land under 500m² are permitted to change to a state funded school or a registered nursery as long as they meet certain criteria, and Prior Approval is sought in respect of transport and highways impacts, noise impact, contamination risks, flooding risks and whether the building is suitable for the proposed.

5.8.3.2  Community assets

Some public houses may be defined by the council as a community asset then there are no permitted development rights. A planning application is required for any change of use or demolition. . . If community groups wish to purchase a property to retain it as a community asset, then permitted development rights are temporarily removed, and the group must be given the opportunity to purchase the property.

5.8.3.3  Light industrial to dwellinghouse

The change of use from light industrial to dwellinghouse is only applicable to applications received on or after 1 October2017 and is subject to limitations and conditions including the prior approval of the local planning authority in respect of certain matters.

5.8.3.4  Mixed use

There are some permitted development rights for changes of use of that mixed use where a development comprises a “mixed use” in the retail uses classes and betting office / pay day loans shop category.

5.8.3.5  Office to residential

Temporary permitted development rights currently apply in respect of the change of use of premises from an office use to residential use. The use must have begun by 30th May 2016 or development must be completed within three years starting with the prior approval date. The Prior Approval must be sought in respect of flooding, contamination, highways and transport issues and impacts of noise from commercial premises on the intended occupiers of the development.

5.8.3.6  Other restrictions

There are further restrictions that do not allow you to implement the change of use such as:

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Some changes of use may also be permitted, either only on a temporary basis, and/or subject to additional restrictions.

5.8.3.7  Prior approval

The prior approval process permits changes in a number of areas such as:

5.8.3.8  Storage / distribution to residential

Temporary permitted development rights also apply in respect of the change of use of premises from a storage and distribution use to residential use. The Prior Approval is subject to criteria on air quality, transport and highways impacts, contamination risks, flooding risks, noise impact, and impact on the sustainability of adjoining uses being met.

5.8.3.9  State funded schools and registered nurseries

Buildings and land within B1, C1, C2, C2A and D2 uses are permitted to change to a state funded school or registered nursery. This is subject to meeting certain criteria, and Prior Approval being sought in respect of transport and highways impacts, noise impact, and contamination risks.

5.8.3.10  Temporary change of use

Building s in the classes A1, A2, A3, A5, B1, D1 and D2 may change use for up two years to A1, A2, A3 and B1 uses.

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5.8.4  Community Right to Build

The 2012 Community Right to Build Order allows certain community organisations to put forward smaller-scale developments on a specific site, without the need for Planning Permission. Giving the community the opportunity to put forward facilities that they want to see and which will benefit them as a group. Suitable projects include maintaining affordable housing stock and providing or maintaining local facilities such as:

Community right to build orders are subject to a limited number of exclusions, such as proposals needing to fall below certain thresholds so that an Environmental Impact Assessment is not required. Proposals are subject to testing by an independent person and a community referendum.

More information is available on the Community Right to Build website http://mycommunity.org.uk/?s=right+to+build .

5.8.5  Material changes of use

Where there is a material change of use of a whole building to a hotel, boarding house, institution, public building or a shop (restaurant, bar or public house) the building must be upgraded so that it complies with Approved Document M1 (Access and Use).

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5.8.6  Material alterations

Where work results in a building or controlled service or fitting no longer complies with a relevant requirement where previously it did, or if a previous compliance is made unsatisfactory. The material alteration will need to comply with the requirements for conservation of heat and energy.

5.8.6.1  Material alterations in dwellings

If a building is subject to a material alteration by:

In addition to the requirements of Part L (Conservation of fuel and power)., all applicable requirements from the following Approved Documents must be taken into account:

5.8.6.2  Material alterations in buildings other than dwellings

When an existing element becomes part of the thermal element of a building (where previously it was not) and it has a U-value worse than 3.3 W/m² K it should be replaced (unless it is a display window or high-usage door).

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5.8.7  Electrical work in extensions, material alterations or a material change of use

Where any electrical installation work is classified as an extension, a material alteration or a material change of use, the work must consider and include:

Note: BS 7671+A3 and this book’s ‘sister publication’ Wiring Regulations in Brief (3rd Edition) offer guidance on the types of installations that might be encountered during alteration work.

5.8.8  What are the requirements relating to material change of use?

Where there is a material change of use of the whole of a building, any work carried out shall ensure that the building complies with the Approved Documents in particular:

In the case of a building exceeding 15m in height it should also comply with external fire spread – walls (B4–(1)(b)).

In some circumstances (particularly when a historic building is undergoing a material change of use and where the special characteristics of the building need to be recognized) it may not be practical to improve sound insulation to the standards set out in Approved Document E1 or resistance to contaminants and water as set out in Approved Document C (Site preparation and resistance to contaminates and moisture). In these cases, the aim should be to improve the insulation and resistance where it is practically possible – always provided that the work does not prejudice the character of the historic building, or increase the risk of long-term deterioration to the building fabric and/or fittings.

Note: BS 7913 Guide to the conservation of historic buildings provides guidance on the principles that should be applied when proposing work on historic buildings.

5.8.9  Mixed use developments

The requirements of the Regulations may differ depending on whether the area concerned is part of a building used as a dwelling or part of a building which has a non-domestic use. In these cases the requirements for non-domestic use shall apply in any shared parts of the building.

5.9  Conservatories

A conservatory has to be separated from the rest of the house to be exempt (e.g. with patio doors between it and the main house). Conservatories and sun lounges attached to a house are classed as Permitted Development, subject to the conditions above and provided that the glazing complies with the safety glazing requirements of the Building Regulations (Approved Document K - Protection from falling, collision and impact). Your Local Authority Building Control department or an Approved Inspector can supply further information on safety glazing. It is advisable to ensure that a conservatory is not constructed so that it restricts ladder access to windows serving a room in the roof or a loft conversion, particularly if that window is needed as an emergency means of escape in the case of fire.

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As part of the new larger single-storey rear extensions scheme the government has introduced a mandatory neighbour consultation scheme. It is always good to keep your neighbours informed of what is happening, and be prepared to alter the plans you had for locating the building if they object – it is better in the long run, believe me and can avoid lengthy delays.

Whilst it will provide useful space, a badly designed conservatory can be a huge energy drain for the house as a whole. If you want a conservatory or sun lounge separated from the house, this will need planning consent under similar rules for outbuildings. More guidance that is applicable to the windows, doors and electrics in a conservatory is contained in the relevant sections of this book.

The regulations described above apply only to houses, and not to other buildings, maisonettes or flats. There may be a charge under the Community Infrastructure Levy if the development is over 100m².

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For the most up to date guidance, use the Conservatories Mini guide on the Planning Portal.

5.10  Conversions – Converting an old building

Throughout the UK there are many underused or redundant buildings, particularly farm buildings which may no longer be required, or suitable, for agricultural use. Such buildings which are usually made of weathered stone and slate contribute substantially to the character and appearance of the landscape and the built environment of an area. Their layout and proportions and the type of building materials used usually displays local building methods and skills.

The best way to safeguard traditional buildings is to maintain their original. However, with changing patterns of land use and farming methods change to its use or conversion may have to be considered. The conversion or reuse of traditional buildings may, in the right locations, assist in providing employment opportunities, housing for local people or holiday accommodation. Applicants and developers are encouraged to refer to the local plan for comprehensive guidance and to seek advice from a planning officer if further assistance is necessary.

All Councils place the highest priority on good design and proposals. Those that fail to respect the character and appearance of traditional buildings will not be permitted. Sensitive conversion proposals should ensure that existing ridge and eave lines are preserved; new openings are avoided as far as possible; traditional matching materials are used and the impact of parking and garden areas is minimized. Buildings that are listed as being of ‘special architectural or historic interest’ require skilled treatment to conserve internal and external features.

In many instances, traditional buildings that are of simple, robust form with few openings may only be suitable for use as storage or workshops. Other uses, such as residential, may be inappropriate. Most local development plans stipulate that conversion proposals ‘should relate to buildings of traditional design and construction which enhance the natural beauty of the landscape’ as opposed to ‘non-traditional buildings, buildings of inappropriate design, or buildings constructed of materials which are of a temporary nature’.

Applicants are strongly advised to employ qualified architects or designers in preparing conversion proposals. Informal discussions with a planning officer at an early stage in considering design solutions are also encouraged.

5.10.1  Isolated buildings

The subject of Planning Permission for the conversion or re-use of isolated buildings is currently under review and is the subject of a Government Consultation. Permission may be given for such buildings to be used for living accommodation, small-scale storage or workshop uses or for camping purposes you should check with your local Planning Authority for the most up to date information. An isolated building is normally:

Assessing whether or not a particular building should be regarded as isolated may not always be straightforward, and in such instances early discussion with a planning officer at the National Park authority is advised. Under the National Planning Policy Framework new homes in isolated parts of the countryside should be avoided unless there are special circumstances such as exceptional quality or innovative nature of the design of the dwelling.

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5.10.2  Structural condition

Planning Permission will not normally be granted for reconstruction if substantial collapse occurs during work on the conversion of a building.

Buildings that are put forward for conversion should be large enough to accommodate the proposed use without the necessity for major alterations, extension or reconstruction. In cases of doubt regarding the structural condition of any particular building, the authority will require the submission of a full structural survey to accompany a planning application. The authority can advise on this requirement and, if necessary, on persons who are suitably qualified to undertake such work and who practice locally.

A list of local consulting engineers can be found on via your search engine on the internet.

5.10.3  Workshop conversions

Redundant farm buildings and buildings of historic interest are often well suited to workshop use, and this type of conversion normally requires minimal alterations. Potential problems of traffic generation and neighbourliness can usually be addressed by the imposition of appropriate conditions. The Local Authority will generally favourably consider proposals that make good use of traditional buildings by promoting local employment opportunities. In some instances grants may be available from other agencies to assist the conversion of buildings to workshop use.

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5.10.4  Residential conversions

When reviewing proposals for converting a traditional building, the Local Authority will pay particular attention to the overall objectives of the housing policies of the local plan. If land that can be used for a new housing development is limited, residential conversions can make a valuable contribution to the local housing stock and support the social and economic well-being of rural communities. The local plan will require that residential conversions should, in most instances, contribute to the housing needs of the locality. Permission for such conversions is, in some districts, only granted subject to a condition restricting occupancy to local persons.

5.10.5  Renovation

Grants may be available towards the cost of renovating historical and important local buildings that have fallen into disrepair, or towards the cost of renovation works to retain agricultural buildings in farming use, so as to retain their importance as landscape features. Further advice on the workings of the scheme may be obtained from the Environmentally Sensitive Area project officers or the Local Authority’s building conservation officer.

‘Local persons’ are normally defined as persons working, about to work, or having last worked in the locality or who have resided for a period of three years within the locality.

5.11  Decoration and repairs inside and outside a building

Generally, you do not need to apply for planning permission:

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Occasionally, you may need to apply for planning permission for some of these works because your Local Authority has made an Article 4 direction withdrawing permitted development rights.

Generally speaking, you do not need to apply for Planning Permission or Building Regulations Approval for:

Occasionally, you may need to apply for Planning Permission for some of these works because your Council has made an Article 4 direction withdrawing Permitted Development rights.

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5.12  Demolition

You will not automatically get Planning Permission to build any replacement structure or to change the use of the site if you demolish a building (even if it has been damaged).

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Reasons such as making way for rebuilding or improvement would be incorporated in the same planning application. There are severe penalties are severe for demolishing something illegally. The regulations covering the demolition of internal walls are covered in section 5.11

In certain circumstances, the owner of an adjacent building may be liable to assist in the cost of shoring up their part of the building and waterproofing the surfaces. It could be worthwhile checking this point with the Local Authority! Anyone carrying out demolition work is required to give the Local Authority six weeks’ notice of their plans.

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Before complying with this notice, the owner must give the Local Authority 48 hours’ notice of commencement.

5.13  Doors and windows

If you are a leaseholder, you may first need to get permission from your landlord or management company.

External windows and doors are known as ‘controlled fittings ‘and require certain standards to be met when they are replaced. To ensure you comply with the requirements is you should use an installer registered with the relevant competent person scheme who will be able to carry out the work without the need to involve the Local Authority Building Control and provide you with a certificate once the work has been carried out. Alternatively, you can do it yourself or use an unregistered installer; however in this case you will need approval from your Local Authority or an Approved Inspector who will check the replacement fittings comply and, if satisfied, issue a certificate of compliance. More information about Competent Person Schemes can be found on the Gov.uk website and paragraph 2.9.3 of this book.

The following areas should be considered when replacing external doors and windows:

You should note that a new bay window will be treated as an extension and may require permission.

Note: As FENSA does not apply to commercial premises or new-build properties, replacement of windows in offices and other commercial premises (including the replacement of shop fronts) will, therefore, all require Local Authority Building Control approval.

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5.14  Drains and sewers

If you fail to confirm who owns the drain or sewer or to comply with relevant legislation you could be faced with the bill for legal and remedial action.

Sewers can be publicly or privately owned. Public sewers are owned by the sewerage undertaker (you will find their address on your water bill). Private sewers are owned by the properties they serve. Building work on and around a sewer needs permission of the sewer owner. In simple terms, a drain serves a single property whilst a sewer serves more than one property. You may find that a drain or sewer on your property may start as your responsibility as it exits the building but becomes the responsibility of the sewerage undertaker as it joins with pipes from neighbours (e.g. along the back of a row of terrace houses). You should therefore check who is responsible for each part that will be affected by your work and obtain permission before undertaking any work.

You are strongly advised to seek advice from a builder, architect, drainage engineer or Local Authority Building Control before committing to or commencing work.

There are two systems of drainage ’foul ‘and ‘surface water’ which need to be kept separate. Both have above-ground and underground elements.

5.14.1  Underground drainage

Drains should be kept clear of obstruction and away from any foundations. If there is a drain below, or close to, a proposed extension it may need to be moved or protected. If work that takes place over or close to a public sewer this will require written agreement from your sewerage undertaker before work commences. Building over an existing drain or sewer can damage pipes which could cause leaks or blockages and lead to odour nuisance, health problems and environmental damage.

The drain or sewer that you intend to connect to should be at least 0.8m lower than the ground floor level tis will avoid blockages and carry the flow. If you have less than 0.8m you should seek advice from a builder, architect or drainage engineer.

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If you want to connect to an underground drain or sewer you will need to find the depth and location and then adapt your plans accordingly. The first indication that there is a drain in the vicinity is often the presence of a drain cover. If you lift the cover you can see the direction, size and depth of pipes but you should not enter the chamber and you should make sure that the cover is replaced securely. You can inspect maps of public sewers at the offices of the sewerage undertaker or Local Authority (and sometimes this information is available on line). Private sewers and drains are not normally mapped and if their location needs to be discovered there are firms who carry out CCTV surveys and are able to advice on the condition of the drains.

If you increase the size of your gutters and rainwater pipes, or add new rainwater pipes or lay a new patio or driveway and these discharge onto the ground you need to make sure the water will not damage foundations or flow onto neighbouring property. You should consider the use of a soakaway or some other way of allowing it to soak into the ground or store it for toilet flushing or garden watering. Approved Document H gives advice on soakaways. Where it is impractical to use infiltration (e.g. because of nearby foundations, impermeable or contaminated ground, or high groundwater), it is preferable to discharge it to a watercourse or, failing this, to a surface water sewer or, as a last resort, to a combined sewer. Surface water must not be discharged into a foul drain or sewer.

5.14.2  Pipes from kitchen and bathroom appliances

Pipes should be appropriate for the expected flow of water and minimise the risk of blockage while allowing air movement. Advice on pipe sizes is given in Approved Document H (Drainage and waste disposal). There should be access hatches in sanitary pipework or it should be capable of being dismantled, in order to deal with blockages. Rodding eyes and access chambers may be used to enable all parts of the underground drainage to be cleared and to allow removal of blockages.

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5.14.3  Ventilating pipes

Sanitary pipework needs to be ventilated to avoid air from the pipework and drains from escaping into the building. The normal way of doing this is to extend the pipework (known as the ventilating pipe) to outside the building, leaving the top end open (but protected with a mesh to prevent birds getting in). To stop smells entering a building, the open end of the ventilating pipe should be at least 3m to the side of, or extended to 0.9m above, any opening into a building. If the drainage is already ventilated, additional ground floor appliances (e.g. a WC and washbasin) may be connected directly to the drain without a ventilating pipe. It may be possible to use proprietary valves to avoid the need for ventilating pipes.

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5.15  Electrical work in the home or garden

These rules were introduced to reduce the number of deaths, injuries and fires caused by faulty installations.

Note: Whilst the Building Regulations only set standards for electrical installation work in dwellings in Approved Document P ( i.e. BS 7671 Incorporating Amendment 3), the Electricity at Work Regulations 1989 applies to ALL work carried out in industrial or commercial buildings. If you have any queries about work in these buildings you should contact the Health and Safety Executive.

Repairs, replacements and maintenance work or extra power points or lighting points or other alterations to existing circuits are classed as non-notifiable work and can be completed by a DIY enthusiast. However, the installation will still need to be in accordance with the manufacturer’s instructions and done in such a way that it does not present a safety hazard. Even minor electrical work can be a risk. If qualified electricians carry out the work they should give you a Minor Works Certificate which means that they have tested to work to make sure it is safe. If you do the work yourself you may wish to engage a qualified electrician to check it for you. This category of minor works includes:

This work does need to be notified to the Local Authority Building Control Body if it is installed in an area of high risk such as a kitchen, a bathroom or outdoors.

If you are not sure whether the work you want to undertake is notifiable, you should contact your Local Authority Building Control department for advice.

The Competent Person Scheme in relation to electrical safety ensures that an electrician who is registered by an organisation authorised by the Secretary of State and is able to certify the work carried out is safe, without you having to notify Building Control. Once works are complete the electrician will arrange for you to receive a Building Regulations compliance certificate within 30 days of the completion of the work and provide you with a completed Electrical Installation Certificate. Your Local Authority will then also be notified about the work by the electrician. You should check which scheme they belong to and obtain their membership number. You will then be able check with the competent persons register to make sure they are registered. The gov.uk website has a list of organisations which run the competent person schemes and this is reproduced in Section 2.9.3 of this book.

If you or the electrician you employ to carry out the works are not registered as a competent person under one of the relevant Competent Person Schemes you will need to make a Building Regulations application to Building Control and the Building Control Body will then arrange to have the electrical installation inspected at first fix stage and tested upon completion. Alternatively you could use an Approved Inspector.

More information can be found in the document ‘Rules for electrical safety in the home’ which is available as a PDF on the Planning Portal.

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5.16  Extensions

The term ‘original house’ means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.

This guidance reflects increases to the size limits for single-storey rear extensions which apply between 30 May 2013 and 30 May 2019, and the associated neighbour consultation scheme.

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The allowances listed above apply to houses and not to:

Please be aware that if your development is over 100m², it may be liable for a charge under the Community Infrastructure Levy.

As part of the new larger single-storey rear extensions scheme work must be completed by 30 May 2019.

Work under this scheme is subject to prior notification and a mandatory neighbour consultation scheme. You can download the notification of a proposed larger home extension and its relevant guidance notes from the Planning Portal.

You need approval to build an extension if it would ‘materially alter the appearance of the building’. Major alterations and extensions nearly always need approval. However, some extensions such as porches, garages and conservatories may be ‘Permitted Development’ and, therefore, do not need planning consent. You are strongly advised to read the government’s technical guidance document to understand how permitted development rules might apply to your circumstances (https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance).

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The area of windows, roof windows and doors in extensions should not be greater than 25 per cent of the floor area of the extension plus the area of any windows or doors that, as a result of the extension works, no longer exist or are no longer exposed.

You may also require Planning Permission if your house has previously been added to or extended, or if the original Planning Permission for your house imposed restrictions on future development (i.e. Permitted Development rights may have been removed by an ‘Article 4 direction’. This is often the case with more recently constructed houses). Any building that has been added to your property and which is more than 10m³ in volume and that is within 5m of your house is treated as an extension of the house and so reduces the allowance for further extensions without Planning Permission.

Note: Wherever they are in relation to the house, these buildings will be treated as extensions of the house and reduce the allowance for further extensions. If a building is extended, or undergoes a material alteration, the completed building must comply with the relevant Building Regulations. Should this not be feasible, the alterations should be ‘no more unsatisfactory than before’. In order to satisfy the requirements of the Regulations when building an extension you should find out if the work you intend to carry out falls within the Party Wall Act and ensure that you comply with the Approved Documents in the following areas:

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These areas are discussed separately in this chapter and more detail is contained in chapter 6 of this book. In addition, the Planning Portal has a useful interactive guide and more detail is in their mini guide on Extensions which can be downloaded as a PDF file.

There are a number of classes of new buildings or extensions of existing buildings that are exempt (some partially and other completely) from the Regulations. They may however require Planning Permission.

5.17  External walls

There are two types of external wall cavity and solid walls they are discussed in detail in chapter 6.6.2.5.2.6. If you are converting an existing external wall in a conversion project then the existing walls will need to be checked for their adequacy particularly if an opening is formed in a wall, the structure above the opening, even if it is relatively small, will need to be supported. Lintels are normally used to provide such support and it is best to consult with the manufacturer or an engineer for the correct size lintel and bearing.

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5.18  Fascias

You should check that any replacement work has not reduced the ventilation for the roof void as this could cause condensation to occur within the void, which can then lead damp on the timbers. Any existing vents will need to be maintained.

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5.19  Fences, gates and garden walls

Walls may be affected by:

The Government has produced a table of safe heights for walls of different thicknesses and you are advised to seek expert advice on the safety of any wall which exceeds the height limits for your area of the UK this table is at https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls/2.

One of the most common types of masonry that suffer from collapse is the garden walls and it is therefore a good idea to inspect garden and boundary walls occasionally to check if any repairs are necessary. You may find it needs rebuilding. In particular you should check for:

5.19.1 Do I need approval to take down or alter a garden wall or boundary wall?

You will not need to apply for Planning Permission to take down a fence, wall, or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don’t increase its height. Similarly Planning Permission is not required for hedges. However, there may be a planning condition or a covenant that restricts planting (for example, on ‘open plan’ estates) in which case you may need Planning Permission and/or other consent. Some walls have historic value and they, as well as arches and gateways, can be listed. Modifications, extensions and removal of these must have planning consent. You might need Conservation Area consent to take down a fence, wall or gate in a Conservation Area.

If the fence, wall or gate is classed as a ‘party fence wall’ then you must notify the adjoining owner of the work planned.

Note: Although Building Regulations do not apply, the structures must be structurally sound and maintained.

5.20  Flats and maisonettes

There is a different planning regime for flats and maisonettes, and the Permitted Development rights which apply to many common projects for houses may not apply to flats. In particular:

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Note: Consult the Local Planning Authority for advice before starting work on windows, because local policy and interpretation of the rules varies from Council to Council.

In addition to Planning Permission you may also require Listed Building or Conservation Area Consent, as work on a building that affects its special historic character without consent is a criminal offence. Local policy and interpretation of the rules covering windows in flats varies from Council to Council, and you are advised to contact your Local Planning Authority for advice before starting work.

Don’t forget to get permission from your landlord, freeholder or Management Company if you are a leaseholder.

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Works to a listed building that affect its special historic character without consent is a criminal offence.

5.21  Flues, chimneys or soil and vent pipes

The permitted development allowances described above apply to houses and not to flats, maisonettes, converted houses, other buildings or areas where there may be a planning condition, Article 4 Direction or other restriction that limits permitted development rights. You are strongly advised to read a technical guidance document produced by the Government to help understand how permitted development rules might apply to your circumstances (https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance).

If the building is on designated land the flue should not be installed on a wall or roof slope which fronts a highway.

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5.22  Fuel tanks

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Note: This includes liquid petroleum gas tanks as well as oil storage tanks.

5.23  Garages and carports

A typical floor for a garage generally consists of hard-core, sand blinding, DPM (Damp Proof Membrane) and concrete. It is considered to be good practice to place reinforced mesh within the concrete as this can reduce the chances of cracking from the load (weight) of a vehicle. The floor will not normally need to be insulated.

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5.24  Hardstanding for a car, caravanor boat

You do not need to apply for Planning Permission to build a hard standing for a car provided that it is within your boundary and is not used for a commercial vehicle. You should check local Council rules, as there are different rules depending on what you use a hard standing for. Provided there are no covenants limiting the installation of a hardstanding for parking of cars, caravans or boats, you do not need permission for a hard standing on your own land or to gain access to it within the confines of your land. You would need permission for a hard standing leading on to a public highway. However, there are still rules for commercial parking (e.g. taxis or commercial delivery vans), and a ‘change of use’ as a trade premises would probably need to be granted for this to be allowed.

There are no laws to prevent you, or your family, from making use of a parked caravan while it is on your land or drive, but you cannot actually live in it, as this would be classed as an additional dwelling. In addition, you cannot use a parked caravan for business use, as this would constitute a change of use of the property. If you want to put a caravan on your land to lease out as holiday accommodation or for friends or family to stay in while they visit you, then this would require Planning Permission.

Access from a new hard standing to an unclassified roadway does not require Planning Permission. However, the busier the road, the less likely a new driveway or footway will be allowed to meet it. If the access crosses a pedestrian thoroughfare, pavement or roadside verge, then the planning department will need to gain approval from the highways department. If this is the case, highways approval is required in addition to planning consent. The basic principle is to maintain safety and eliminate hazards. Your Local Authority highways department will be able to tell you if a road is classified or unclassified.

Rules on siting of static caravans or mobile homes are quite stringent. You should check if there are any local covenants limiting changes in access to your premises or for a hard standing and parking of vehicles on it.

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5.25  Heat pumps

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To build consumer confidence in microgeneration technologies, the Microgeneration Certification Scheme sets out clear standards to support the installation of wind turbines and air source heat pumps. The scheme includes certification for products and installer companies and in order to comply with the permitted development rights for wind turbines and air source heat pumps all equipment must be installed by an installer who has been certificated through the scheme using a certificated product. The landowners should make sure all of the conditions and limits on permitted development are met but the installer of the equipment should check to ensure that the installation complies with the Microgeneration Certification Scheme planning standards (MCS 020), including requirements on noise (more details are available on the scheme’s website).

Note: You may wish to discuss with the Local Planning Authority for your area whether all of these limits and conditions will be met.

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5.26  Hedges

You do not need Planning Permission for hedges but there may be a condition attached to the Planning Permission for your property which restricts the planting of hedges or trees or the use and nature of hedges can be controlled through planning legal covenants (e.g. on an ‘open plan’ estate or where a sight line might be blocked). Where this applies you will need to obtain the Council’s consent to relax or remove the condition before planting a hedge or tree screen.

There are no laws that say how high you can grow your hedge but you are responsible for looking after hedges on your property and they should not be allowed to block out natural light; the positioning of fast-growing hedges should be checked with your Local Authority. Foundations can be affected by roots as can soil moisture. This should be considered when planting/removing hedges or building new structures as certain plant species can affect foundations over 20 metres away.

Note: High hedges are dealt with under Part 8 of the Anti-social Behaviour, Crime and Policing Act 2014.

5.27  Home energy generation

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The use of renewable energy is increasingly popular as an alternative to fossil fuel. Further information is available from http://www.energysavingtrust.org.uk/renewable-energy.

5.28  Hydroelectricity

Note: This is a complex area and the Environment Agency must also be consulted about water extraction licences. More details can be found at https://www.gov.uk/topic/environmental-management/water.

5.29  Insulation

Further information in regard to the requirements of the Regulations for the various types of insulation are available in particular for:

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5.30  Installing a swimming pool

Swimming pools and saunas are subject to special requirements specified in Sections 702 and 703 of BS 7671 (Incorporating Amendment No 1. Installing a covered swimming pool will be covered by the rules that apply to sheds and outbuildings.

5.31  Internal walls

Care should be taken before removing any internal wall, which could have a number of functions that could affect the building and the safety of the occupants within the building. When erecting a new internal wall, you should ensure that there is adequate separation – in terms of fire resistance and thermal insulation – between the new habitable space and the remaining space. Any door provided in such a wall should have adequate fire resistance and be self-closing. Depending on the use of the new habitable room, the new separating wall may also need to provide sound insulation.

5.32  Kitchens and bathrooms

Under the Greener Homes initiative homeowners are encouraged to pay attention to the appliances and fittings by looking for A-rated kitchen appliances and using aerated taps to reduce water use. The use of mains gas for cooking as well as heating or the installation of an electric induction hob in preference to a conventional electric or halogen hob is also recommended. In bathrooms you are asked to reduce water consumption by buying low flush toilets, low flow showers and basin taps, and a smaller capacity bath.

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5.33  Laying a patio, decking or driveway

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You are strongly advised to seek advice from a builder, architect, drainage engineer or Local Authority Building Control before committing to or commencing work.

In order to avoid flooding, it is preferable for patios to be sloped towards permeable ground or to be made of pervious materials. Pervious materials include both porous materials (e.g. as reinforced grass or gravel, porous concrete or porous asphalt) and permeable materials (e.g. clay bricks or concrete blocks, designed to allow water to flow through joints or voids). As well as minimising environmental impact, this avoids the cost of drainage.

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Where it is impractical to drain onto pervious ground or use a pervious paving, it is preferable to keep the extra surface water on site, in order to avoid increasing flood risk elsewhere. This can be achieved by using a soakaway or some other way of allowing it to soak into the ground (referred to as infiltration). Where it is impractical to use infiltration (e.g. because of nearby foundations, impermeable or contaminated ground, or high groundwater), it is preferable to discharge it to a watercourse or, failing this, to a surface water sewer or, as a last resort, to a combined sewer. Surface water must not be discharged into a foul drain or sewer.

5.34  Lighting

Beams from your security lights should NOT point directly at windows of other houses and security lights fitted With Passive Infra-Red detectors (PIRs) and/or timing devices should be adjusted so that they minimise nuisance to neighbours and are set so that they are not triggered by traffic or pedestrians passing outside your property. In accordance with Approved Document L1B external lighting fixed to the exterior of the house should have a capacity not exceeding 150W per light fitting and any sockets should only be used by lamps with an energy efficacy greater than 40 lumens per circuit-watt.

You are required to install efficient electric lighting to your house in specific circumstances including:

If you are installing an external light which is supplied from your electrical system and fixed to the exterior surface of your house, then you should ensure that reasonable provisions are made to enable effective control and/or use of energy efficient lamps.

For a new building other than a dwelling the target emission rate (TER) will eyed to be calculated in accordance with Approved Document L2A.

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5.35  Loft conversions

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You will probably need Planning Permission whether or not building work is proposed – for more information see the relevant Conversions mini guides on the Planning Portal. Also see the DCLG document Permitted development rights for Householders. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606669/170405_Householder_Technical_Guidance__-April_2017_FINAL.pdf

Note: Work on a loft conversion or in a roof space could may affect bats and you will need to consider this protected species when planning work on this type. A survey may be required to establish if bats are using the building, then a licence may be needed (See Chapter 4 for more information on bats and other wildlife and also (www.naturalengland.org.uk/ourwork/regulation/wildlife/species/bats.aspx)).

Building Regulations are likely to apply to alterations which enhance the storage facilities available or to increase the living space of the home. Particularly if the loft space is made more accessible or more habitable:

When considering a loft conversion, you should take into account the following areas:

It is recommended that you contact Building Control to discuss your proposal and for further advice and you must also find out whether work you intend to carry out falls within The Party Wall Act 1996.

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5.36  Micro combined heat and power

It is advisable to contact an installer who can provide the necessary advice, preferably one who belongs to the relevant Competent Person Scheme.

Approved Document L1A, L1B, L2A and L2B contain requirements for the pressure testing of heat pumps and the installation of micro CHP systems.

5.37  New homes and self-build homes

All new houses or premises of any kind require planning permission.

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Private individuals will normally only encounter this if they intend to buy a plot of land to build on, or buy land with existing buildings that they want to demolish to make way for a new property to be built. Research has shown that more than half the population would like to build their own home at some stage in their lives. A website has been designed as the result of a joint initiative between Government and the custom build housing industry. To provide encouragement and impartial advice to people who want to build their own home to suit their family’s needs. It forms part of the Government’s Housing Strategy to bring about a custom build housing revolution. The site includes an interactive guide to self-build - where users can key in details of their own situation (how much money they have, where they want to build, the size of house they want and various other things) and the guide will automatically calculate whether it’s feasible. If not, they can adjust their circumstances until they can realistically get their self-build project under way. It has practical information about how to find a plot of land, where to get a self-build mortgage, the different types of construction methods you can use, and a host of other issues.

In all cases unless you are an architect or a builder, you must seek professional advice. If you are using a solicitor to act on your behalf in purchasing a plot on which to build, he will include the planning questions within all the other legal work, as well as investigating the presence of covenants, or existing planning consent together with other constraints or conditions. The architect, surveyor or contractor you hire will then need to take into account the planning requirements as part of their planning and design procedures. They will normally handle planning applications for any type of new development.

If you are hiring a professional, be sure to find out exactly who does what and that approval is obtained before going to too much expense, should a refusal arise.

5.38  Neighbourhood planning

The Localism Act introduced new rights and powers to allow local communities to shape new development by coming together to prepare neighbourhood plans. You might therefore not need planning permission if your area has a neighbourhood development plan in place as the community may be able to grant planning permission instead. Neighbourhood planning can be taken forward by town and parish councils or ‘neighbourhood forums’ (a community group which takes forward neighbourhood planning in areas without parishes). The local planning authority will agree who should be the neighbourhood forum for the neighbourhood area but it is likely to consist of new and existing residents’ organisations, voluntary and community groups. Proposed neighbourhood development plans or orders need to gain the approval of a majority of voters of the neighbourhood to come into force. If proposals pass the referendum, the local planning authority is under a legal duty to bring them into force. More information is available on the Community Rights website (http://mycommunity.org.uk/).

5.39  Outbuildings

Many kinds of buildings and structures can be built in your garden or on the land around your house without the need to apply for Planning Permission. These can include sheds, garages, greenhouses, accommodation for pets and domestic animals (e.g. chicken houses), summer houses, ancillary garden buildings such as swimming pools, ponds, sauna cabins, enclosures (including tennis courts) and many other kinds of structure which could be considered incidental to the enjoyment of the dwellinghouse.

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Outbuildings intended to go in the garden of a house do not normally require any Planning Permission, as long as they are associated with the residential amenities of the house and a few requirements are adhered to, such as position and size. If your new building exceeds 10m³ (and/or comes within 5m of the house) it would be treated as an extension and would count against your overall volume entitlement.

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When building an outbuilding you should consider where the foundations are to go, any walls that will be built below ground and the type of flooring you plan to use.

Floors in storage buildings, annexes and summer houses can take one of the three general types outlined above. The exact specification for the floor will depend on how the building is to be used and whether it is to be heated. More information on each floor type can be found in the section on floors for extensions.

Erecting any type of outbuilding can be a potential minefield, and it is best to consult with the local planning officer before commencing work.

5.39.1  External water storage tanks

An application is required under Building Regulations to check any new drainage which runs to a tank that recycles rainwater collected from the roof and ground. If you are considering installing an external water tank you should seek guidance from your Local Authority, especially if the tank is to be mounted on a roof.

5.40  Paving your front garden

Climate change has increased the frequency of heavy rainfall and flooding in the UK. In 2007, the UK experienced serious flooding, which was in many cases caused by drains being unable to cope with the amount of rain water flowing into them. It is predicted that this kind of heavy rainfall event and flooding may occur more often in the future. As the drains in most urban areas were built many years ago they were not designed to cope with increased rainfall and as more water enters the system from new developments and paved front gardens the problem gets worse.

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It may not seem to be a potential problem with paving over one or two gardens, but the combined effect of lots of people in a street or area doing this can increase the risk of flooding. Hard surfaces such as concrete and asphalt also collect pollution (oil, petrol, brake dust etc.) that is washed off into the drains. The drains carry rainwater directly to streams or rivers where the pollution can damage wildlife and the wider environment. In older areas the rainwater may go into the foul water sewer which normally takes household waste from bathrooms and kitchens to the sewage treatment works. These overflow into streams and rivers in heavy rainfall putting untreated sewage into watercourses.

In order to avoid flooding, it is preferable for any paved area to be sloped towards permeable ground or to be made of pervious materials. Pervious materials include both porous materials (e.g. as reinforced grass or gravel, porous concrete or porous asphalt) and permeable materials (e.g. clay bricks or concrete blocks, designed to allow water to flow through joints or voids). As well as minimising environmental impact, this avoids the cost of drainage. Surface water from hardstandings must not be allowed to run onto the highway, where it could lead to accidents or cause a nuisance.

Where it is impractical to drain onto pervious ground or use a pervious paving, it is preferable to keep the extra surface water on site, in order to avoid increasing flood risk elsewhere. This can be achieved by using a soakaway or some other way of allowing it to soak into the ground (referred to as infiltration). Where it is impractical to use infiltration (e.g. because of nearby foundations, impermeable or contaminated ground, or high groundwater), it is preferable to discharge it to a watercourse or, failing this, to a surface water sewer or, as a last resort, to a combined sewer. Surface water must not be discharged into a foul drain or sewer.

Further details on permeable surfaces (such as loose gravel), hard permeable and porous surfaces, rain gardens and soakaways and wheel tracks can be found on the Planning Portal.

If you are making a new access into the garden across the footpath you will need to obtain permission from the local Council to drop the kerbs and the pavement may need strengthening. This is to protect any services buried in the ground such as water pipes.

5.41  Plumbing

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5.42  Porches

More information can be found in the Porches mini guide on the Planning Portal. Your Local Authority Building Control department or an Approved Inspector can supply further information on safety glazing. It is advisable to ensure that a porch is not constructed so that it restricts ladder access to windows serving a room in the roof or a loft conversion, particularly if that window is needed as an emergency means of escape in the case of fire.

The Permitted Development allowances described here apply to houses, not flats, maisonettes or other buildings.

The regulations depend on previous works on the site (which can date back to 1948). You should always check with planning control staff if you are unsure.

5.43  Roofs

Work on a roof may affect bats.

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You need to consider protected species when planning work on this type. A survey may be needed, and if bats are using the building, a licence may be needed. When performing work on any roof, care should be taken to ensure the roof will continue to perform effectively and without any movement.

The permitted development regime for solar panels imposes limits and conditions which must be met and limits on projections and in relation to protected areas. Guidance on the regulations for domestic solar panels can be found at www.planningportal.co.uk/info/200130/common_projects/51/solar_panels.

After a period of time the roof on an existing building will need to be replaced. In most situations, this work will need Building Regulations approval. Some repairs to flats roofs will not require an application for approval under the Building Regulations. Any alteration or removal of element of a roof could have an effect on the way the roof works or cause cracks in the walls. The structure comprises a number of timber elements that make the overall pitch. Each element permits the roof to span the building and support the tiles/covering on top as well as being able to transfer the loads (weight) created by any wind and snow down to the walls.

Some repairs to flats roofs will not require approval under the Building Regulations unless a roof with integral insulation is to be replaced in which case you may be required to upgrade this ‘thermal element to reduce the amount of heat that was originally lost, by upgrading the insulation.

If an existing pitched roof covering is to be replaced with a different material to its original then approval under will be needed to ensure the roof will be adequate in terms of structural stability (particularly if the replacement tile is heavier or lighter than the existing), and also meets requirements in respect of fire safety and energy efficiency.

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5.44  Shops

More detail on change of use can be found in section 5.8.3.

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5.45  Solar panels

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In many cases installing solar panels on domestic land is likely to be considered ‘Permitted Development’ with no need to apply to the Council for Planning Permission. You may wish to discuss with the Local Planning Authority for your area whether all of the limits and conditions will be met.

Installing solar panels on non-domestic land is likely to be considered ‘Permitted Development’ with no need to apply to the Council for Planning Permission. There are, however, important limits and conditions which must be met to benefit from the Permitted Development rights (see below). The definition of non-domestic land for the purposes of these Permitted Development rights is broad and can include businesses and community buildings. Permitted development rights are also available for domestic properties, details can be found here. You may wish to discuss with the Local Planning Authority for your area whether all of the limits and conditions will be met.

Note: Permitted Development rights for solar panels are available for both single houses and buildings which consist wholly of flats. If you are a leaseholder you may need to get permission from your landlord, freeholder or Management Company. The Permitted Development regime for solar panels has different limits on projections and in relation to protected areas.

5.46  Structural alterations inside

You will need approval if your alterations are to the structure, such as the removal or part removal of a load-bearing wall, joist, beam or chimney breast, or would affect fire precautions of a structural nature either inside or outside your house. You also need approval if, in altering a house, work is necessary to the drainage system or to maintain the means of escape in case of fire.

You need approval to make internal alterations to a shop or office and you may also require the consent of the landlord or landowner.

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5.47  Trees

The use and nature of trees can be controlled through planning conditions and legal covenants. Foundations can be affected by tree roots and soil moisture. Many trees are protected by Tree Preservation Orders (TPOs), which mean that, in general, you need the Council’s consent to prune or fell them. Nearly all trees in Conservation Areas are automatically protected. This should be considered when planting/removing trees or building new structures as certain tree species can affect foundations over 20 metres away.

Ask the Council for a copy of the free leaflet Protected Trees: A Guide to Tree Preservation Procedures.

5.48  Underpinning

The foundations to a building may be increased by underpinning. Soil beneath the existing foundation is excavated and is replaced with foundation material, normally concrete, in phases. The reasons for underpinning are:

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If it is not carried out properly underpinning poses very real risks and could see damage to or collapse of the existing home. Underpinning therefore requires close attention to design, methodology and safety procedures. Gaining approval will usually involve the preparation of a structural design of the underpinning, including the process to be carried out during construction. Before commencement of the work a trial hole is usually dug next to the existing footings and a structural engineer or surveyor attends to make an assessment. Thereafter the precise underpinning method chosen will depend on the many circumstances of the case. To avoid excessively undermining the existing foundations, causing further damage to the structure above, the excavations for the underpinning should be carried out in accordance with the engineer’s instructions and details. Most typically short sections of underpinning are carried out one at a time. The excavation for each section of underpinning is normally inspected by a design engineer and a Building Control surveyor before it is concreted.

You are advised to employ experienced people for the design (for example, an experienced designer and structural engineer) and construction (for example, somebody with experience of underpinning and general building work) to carry out the project.

A typical method is for short sections of underpinning to be carried out one at a time. The excavation for each section of underpinning will normally be inspected by a design engineer and a Building Control surveyor before it is concreted.

5.49  Warehouses and industrial buildings

You must obey all the following conditions:

You are strongly advised to read all the interim guidance on the new Permitted Development rules.

Where there is any doubt as to whether a development would be Permitted Development, advice from the Local Planning Authority should be sought. To be certain that a proposed development is lawful and does not require an application for Planning Permission, it is possible to apply for a ‘Lawful Development Certificate’ from the Local Authority.

The Local Planning Authority may also have removed some Permitted Development rights by issuing what is known as an Article 4 Direction or may have removed those rights on the original, or any subsequent, Planning Permission for the site. This will mean a planning application will be needed for development which normally does not need one. Before undertaking any development, checks should be undertaken with the Local Planning Authority to determine whether any restrictions on Permitted Development have been made.

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5.50  Wind turbines

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Note: These limits refer to buildings as a whole and not flats within them. If you wish to install wind turbines on a flat you should contact the Local Authority.

Planning Permission permissions vary depending on the region of the UK and it is recommended that you check with your Local Authority if there are any limits in your local area.

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The Microgeneration Certification Scheme was developed to build consumer confidence in the technology and to help move the industry to a sustainable position. As part of the code certification for products and installer companies, and a code of practice have been provided. Permitted development rights for wind turbines and air source heat pumps are only permitted if the equipment is installed by a person who is certified through the scheme and is using a certificated product. The installer is responsible for ensuring that the installation meets Permitted Development noise standards at the time of installation. For further details, see the microgeneration certification scheme’s website at: http://www.microgenerationcertification.org

Remember, if you are a leaseholder, you may need to obtain permission from the landlord.

5.51  Working from home