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Planning Permission and Building Regulations
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The following applies to building projects in England and Wales. For
further information you should contact your local planning authority or
visit the
Planning Portal
Please note that planning rules for Scotland differ -
check
here for more information.
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Planning
and Building Regulations - Introduction
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Before embarking on a building project its always
a good idea to contact the planning department at your local
Council. Most Councils will provide, free of charge, planning and
regulation booklets. Local authorities differ in their
interpretations of planning rules so its wise to check your project
can proceed.
If you go ahead with your development without the
required permission, your local planning authority can ask you to
make a retrospective planning application. If it decides that
permission should not be granted it may require you to put things
back as they were - a costly, time consuming and frustrating
exercise. You can appeal but if the verdict comes out against you
and you still refuse to comply you may be prosecuted.
If you believe you do not need planning permission
for your project but it involves any kind of structural alteration
you may still need building regulation approval.
The planning system is in place to protect
landuse and the environment in the public interest. It is not
designed to protect the interests of one person over another.
Councils should try to ensure that development is allowed where it
is needed, but without adversely affecting the character and amenity
of the area.
Building regulations
ensure that construction work meets at least the minimum standards
of design and stability. They are completely separate from planning
permission and will almost always be required when any structural
alteration takes place, inside or outside the house.
It is always best to tell your neighbours what you
intend to do even if you do not need planning permission, as any
work may well cause noise and disruption to them. They have a right
to ask the planning authorities to check your plans and the Council
will then ask them for their views, so it makes sense to be friendly
from the outset! Also bear in mind that not consulting neighbours
could lead to legal problems, for example if your development
affects your neighbour's right to light.
If you are in a leasehold property you should
discuss your plans with the freeholder i.e. the Landlord or
Management Company.
The following are examples of when you will need
to apply for planning permission. This is not an exhaustive list so
please do check with your planning authority:
 | You want to make additions or extensions to a
flat or maisonette (including those converted from houses). You do
not need planning permission to carry out work which does not
affect the external appearance of the building. |
| You want to divide off part of your house for
use as a separate home, or use a caravan in your garden as a home
for someone else. |
| You want to use part or all of your home for
business or commercial use. |
| You want to build something which contravenes
the original planning permission for the construction of your
house. For example, your house may have a restriction on garden
walls more than 3 feet high to ensure a safe view of the road for
drivers. |
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You need to apply for planning permission to
extend or add to your house in the following circumstances:
| You want to build an extension which would be
nearer to any highway than the nearest part of the original house
unless there would be at least 20 metres between your house (when
extended) and the highway. The term "highway" includes all public
roads, public footpaths, bridleways and byways. |
| More than half of the area of land surrounding
the original house would be covered by extensions or other
buildings. |
The term "original house" means the house as it
was first built, or as it stood on 1st July 1948 if it was built
before that date. (You may not have built an extension, but the
previous owners may have).
If none of the above rules apply to your proposed
extension you may need to check the height and volume limits. You'll
need permission if:
| The extension is higher than the highest part
of the roof of the original house, or any part of the extension is
more than 4 metres high and is within 2 metres of the boundary of
your property (loft conversions and dormers have separate rules).
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| For a terraced house, including an end of
terrace, or any house in a Conservation area or Area of
Outstanding Natural Beauty: the volume of the original house would
be increased by more than 10% or 50 cubic metres, whichever is the
greater. For any other kind of house: the volume of the original
house would be increased by more than 15% or 70 cubic metres,
whichever is the greater. In all cases: if the volume of the
original house would be increased by more than 115 cubic metres.
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In the following circumstances the volume of other
buildings, which belong to your house (garage, shed etc.) will count
against the volume allowance. In some cases this can include
buildings which were built at the same time as the house or existed
on 1st July 1948:
| If an extension comes within 5 metres of
another building belonging to your house, the volume of that
building counts against the allowance for additions and
extensions. |
| Any building which has been added to your
property and which is more than 10 cubic metres in volume and
which is within 5 meters of your house, is treated as an extension
of the house and so reduces the allowance for further extensions.
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| If you live in a Conservation Area or Area of
outstanding Natural Beauty all additional buildings which are more
than 10 cubic metres in volume wherever they are in relation to
the house are treated as extensions to the house and reduce the
allowance for further extensions. |
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Whether or not you need planning permission,
there are other approvals you may need. These are:
| Cladding consent is required if you live in a
conservation area, a National Park, an Area of Outstanding Natural
Beauty or the Broads and you want to clad the outside of your
building with stone, tiles, artificial stone, plastic or timber.
In other areas you will need to check that a restriction has not
been put on your property against the use of these surfaces or
others such as pebble dash. |
| Listed building consent is required to demolish
a listed building or any part of it or buildings within its
grounds. Consent is also needed to alter or extend a listed
building in a way which would affect its character as a building
of special architectural or historical interest. |
| Conservation area consent is needed if you live
in a conservation area and you plan to demolish a building of more
than 115 cubic metres (there are a few exceptions for which you
will get details from your local council). Consent is also
required to demolish a gate, fence, wall or any railing over 1
metre high next to a highway or public open space, or over 2
metres high elsewhere. |
| Many trees are protected by tree preservation
orders. You must check with the local council before you make any
kind of "alteration" to them. |
| If any proposed development would obstruct a
public path which crosses your property you must check with the
local council immediately. The granting of planning permission
will not give you the right to interfere with, obstruct or close
such a path. A path cannot be legally diverted or closed unless
the council has made an order to do so. This order must be
advertised and all objections will be considered. You may be
responsible for providing an alternative route. |
| Some houses may hold roosts of bats or provide
refuge for other protected species. The Wildlife and Countryside
Act 1981 gives special protection to bats. If they are discovered,
English Nature or the Countryside Council for Wales must be
notified of any proposed action. More information on this subject
can be obtained from both of these organisations. |
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