Whether you’ve hired chartered
building surveyors to plan an extension on a residential property or to
construct a brand new office in the city, it’s likely that you’ll hear lots of
terms and phrases thrown about as your surveyors plan your new build. Inevitably,
one of these terms will be “planning permission”.
Planning permission is the
official “yes” from your local authority with regards to the construction or
alteration of any buildings you own. If granted, a building permit will give
you formal permission to build a new home or office, complete a property
extension, or make any other large-scale developments to your building, such as
adding a balcony. You may also need planning permission if you intend to change
the use of your building, such as turning a residential property into an
office. Without the relevant permission, you won’t have the legal right to
complete this work.
The topic of planning permission
is a complex one. There are lots of rules and regulations to be aware of to
ensure that you’re completing work safely and in line with all current
legislation. It is always advisable to discuss the ins and outs of property
legislation with your local authority before planning a build, to ensure that
you’re getting the most accurate and up to date planning permission advice
possible. However, to give you some idea of the laws surrounding planning
permission, we at Simon Levy
Associates
have put together our very own guide with
frequently asked questions and information you may not have previously known.
When is planning permission required?
First of all, when might you need
planning permission? There are typically three circumstances in which you’ll
need planning permission from your local planning authority (LPA). These
include:
Erecting a new building
If you plan to construct an
entirely new building, whether residential or commercial, you’ll need to seek
permission from your local planning authority. You can submit an application
for any piece of land in England and don’t need to own the land to have your
request accepted.
When deciding whether or not to
accept or reject your application, the LPA may decide to ignore responses and
objections from your neighbours or other residents of the local area. If,
however, there is a huge backlash to your proposed building works, the local
authority may take this into account.
Making a major alteration to
your building
If you already own property but
want to make a major change, such as building a property extension, you may be
required to apply for planning permissions. There are some instances where
extensions are classified as “permitted development” (i.e. not requiring
planning permission). These include extensions and additions which adhere to a
number of conditions. The full list can be found here
.
Changing the purpose of your
building
Currently, all land and buildings
are categorised into “uses” as determined by the Town and Country Planning (Use Classes) Order of 1987
.
If you want to change the current use of your building you may need planning
permission, even if the changes you plan to make don’t appear to require actual
building works. There may be some instances where a change of use is permitted
without formal permission, such as a restaurant space being turned into a
hairdressing salon, however, it’s always advisable to double check with your
LPA for the most up to date regulations.
What happens if my planning permissions application is rejected?
Although the majority of
applications are accepted in the UK, there are some instances where you won’t
be granted approval for your planned construction project. However, if you
decide to go ahead and complete the work without the relevant permission, you may
be given an enforcement notice. An enforcement notice will force you to take
down any work you have completed and reverse any changes until the property has
been stripped to its original condition.
If you choose to ignore the rules
and regulations set out by your enforcement notice, you could face prosecution.
Failing to reverse all prohibited changes to your property is against the law,
so you may be taken to court, fined or sentenced if you don’t act in due
timing. If you believe you’ve been wrongly served an enforcement notice, you
can file an appeal to your LPA asking them to drop the charges against you. If
you aren’t served an enforcement notice within four years of the building work
being completed, your building is then exempt from enforcement action.
Rejected planning permissions can
also be appealed, so this may be something you consider if you’re still hoping
to go ahead with your construction project. Discuss your application with your
local planning authority to see if you can come to an agreement. This may mean
changing your plans so be prepared to compromise with planning permission
officials.
What are the terms of my planning permissions agreement?
Once you’ve had your planning
permissions application accepted, you will need to make a start on the approved
work within three years. If you don’t, you may need to reapply to ensure that
the permission from your LPA is still legal and up to date.
If your application was accepted
on the grounds that you’ll make listed changes to your desired plot of land or
building design, you’ll also need to meet these criteria within an agreed time
frame. Failing to do so could lead to a “breach of condition” notice - a notice
that you won’t be able to appeal and one which could even result in prosecution.
Once you have obtained planning
permission, you will need to adhere to the conditions agreed upon by you and
your LPA. If you decide to make alterations, you will need to discuss this with
your local planning authorities to see if you need to reapply for full planning
permission or whether a non-material amendment is substantial.
Can structural engineers, architects or chartered surveyors apply for
planning permissions on my behalf?
As a property owner, you may only
have a limited understanding of planning permissions and building regulations.
The chances are that you’ve hired a structural engineer, architect or building
surveyor to help with your project and to offer advice on the ins and outs of
the construction process. In this case, you may appoint them to apply on your
behalf to ensure that everything is taken care of quickly, efficiently and
thoroughly.
What is a party wall notice?
When dealing with issues of
planning permission, you may have heard of a “party wall notice”. But, what is
it and why is it relevant? Although it’s different to gaining planning
permissions and building regulations, and shouldn’t be confused with either
process, the Party Wall etc Act of 1996 is an essential piece of legislation
for the prevention and resolution of neighbourly disputes.
It is, therefore, something you
may need to consider when undertaking building works, in addition to meeting
all terms set out by the relevant planning permission. The Act covers building
works to existing party walls, excavations near the foundation level of nearby
buildings, and building on or near the boundary of two buildings. For more
information about the Party Wall etc Act 1996, please click here
or get in touch with us at
Simon Levy Associates for honest and accurate advice.
Simon Levy Associates: Chartered building surveyors offering property
surveys, insurance claims advice and planning permission services to clients in
Greater London and the South East
Are you in need of specialist
planning permission advice in Borehamwood? Do you need a full house survey
carried out on a property you’re hoping to purchase? Could honest advice help
speed up the process of your building insurance claim? If yes, look no further
than the professionals at Simon Levy Associates.
Based in Borehamwood,
Hertfordshire, we’re a team of chartered building surveyors with over 30 years
of quality industry experience. We’re proud to deliver excellent customer
service in every instance and can assist with a range of different services,
including party wall matters, dilapidations, domestic building work and
structural surveys. So, whether you’re dealing with a residential or commercial
property across Greater London or the South East, trust us at Simon Levy
Associates to guide you from A to B.
For more information about our range of
services,
get in
touch
with our team of property experts today.
