If you’ve been daydreaming about a property extension, it’s crucial to understand the necessary planning permissions and legal requirements you’ll need to navigate. Extending your UK property isn’t as simple as picking up a hammer and nails; it involves a carefully orchestrated dance with building regulations and planning departments.
Before we embark on this thrilling, exploratory journey of property extensions, let’s first clarify what planning permission is. In its simplest form, planning permission is a formal approval from your local council that your proposed building project is acceptable, considering its effects on your neighbours and the wider environment.
Do I Need Planning Permission?
The primary question on everyone’s mind is usually – do I need planning permission for my property extension? The answer to that is a thorny ‘it depends’, but don’t worry, we’ll unpack this.
Under Permitted Development Rights, you may not need planning permission for your extension. These rights allow homeowners to carry out small-scale changes, such as small extensions, without seeking full planning permission. However, there are limits and conditions attached to these rights. For example, a single-storey extension at the rear of your property can only extend up to six metres for an attached house and eight metres for a detached house. If your proposed extension exceeds these limits, planning permission becomes necessary.
Planning permission may also be required if your property is located in a Conservation Area (more of that a little later) or listed building or if your property has already been extended in the past.
What About Building Regulations Approval?
Regardless of whether your extension requires planning permission, it will still need Building Regulations approval. Building Regulations are minimum standards for design, construction and alterations to virtually every building, as provided by the UK government. They’re designed to ensure the safety and health for people in or about buildings.
Building Regulations cover everything from the foundations to the roof, and include aspects such as fire safety, sound insulation, energy efficiency and access. An application to the Building Control department of your local council is required to prove your extension complies with these standards. This can be either a Full Plan Submission or a Building Notice, each with its own nuances.
Party Wall Act 1996
This is another piece of legislation you should be aware of before starting construction. If your extension involves work on an existing wall shared with another property, you must notify the neighbouring owners. They can then agree or disagree with what is proposed. This falls under the Party Wall Act 1996, which is designed to prevent and resolve disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
The Right To Light
Another legal aspect you need to consider when planning your property extension is the Right to Light. Under the Prescription Act 1832, if a window has had uninterrupted access to daylight for 20 years or more, it’s gained the Right to Light. Your extension should not unduly obstruct this light.
As a rule of thumb, the 45-degree angle rule is often used to assess if you’re impacting your neighbours’ Right to Light. If your extension does cross this line, your neighbour could potentially take legal action or demand that the work be altered or removed.
Read: How Long Does It Take To Build A Garden Room In The UK & What Planning Permission Is Required?
Restrictive Covenants
Restrictive covenants may exist on your property’s title deeds, limiting what you can do with your property. These legally binding conditions can prevent certain alterations, including extensions, to maintain a certain aesthetic cohesion in an area or prevent overcrowding.
If you breach a restrictive covenant, you might be required to undo the work at your expense and could face legal proceedings from the party who benefits from such a covenant. Therefore, it’s critical to check your property’s title deeds before planning any extension.
Wildlife & Conservation Acts
Other less common, but equally important laws to be aware of may include the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992. If your property has bats or badgers living on the grounds, these creatures are protected by law, and you may need to take specific steps to ensure any building work doesn’t harm them or their habitats.
It’s also important to mention tree surveys. If your extension plans could impact nearby trees, you may require a tree survey as part of your application. This is especially true if the trees are protected by Tree Preservation Orders (TPO), or they are within a Conservation Area.
Breaching such orders can result in hefty fines, hence the importance of conducting a tree survey before starting work. Tree surveys provide invaluable insights, evaluating the health and longevity of the trees, their impact on the proposed extension and any measures required to protect them.
The Bottom Line
Overall, extending a property does involve navigating through a web of planning permissions and legislation. While it might appear intimidating at times, these measures exist to safeguard individual rights, protect our shared environment and maintain the architectural integrity of our neighbourhoods.
Instead, embrace these simply as vital steps towards attaining our dream extension. After all, what’s a few pieces of paperwork compared to the joy of seeing your dream space come to life?
* This article is for general information purposes only, and does not constitute legal advice.
It is highly recommended that you consult a solicitor or other legal expert who is fully aware of your individual circumstances before you proceed with any actions relating to property extensions and their associated legalities. Legal regulations can change, and the information herein may not reflect the most current legal developments.*