When home improvements must have legal permission

THE big question facing anyone wanting to change the layout of their home or build a conservatory is – do I need to apply for planning permission from the local council?

While a lot of refurbishment measures don’t require permission, some do. And if you don’t obtain permission from the local authority, you could end up being prosecuted.

As a general rule of thumb, you probably need planning permission if you want to build something new, make a major change to your building, such as building an extension, or change the use of your building.

Planning permission, in simple terms, is like asking the local authority if you can do a certain piece of building work

Most planning applications are decided within eight weeks, unless they are unusually large or complex, in which case the time limit is extended to 13 weeks. After that time your application for permission will be granted (possibly subject to certain conditions) or refused.

Most development requires planning permission.

That said, there are some minor works, such as a repair to a building, which may not require consent.

Extensions

You do not need planning permission to build an extension,  as long as it adheres to the following conditions:

No more than half the area of land around the “original house”* would be covered by additions or other buildings.

No extension forward of the principal elevation or side elevation fronting a highway.

No extension to be higher than the highest part of the roof.

Single-storey rear extension must not extend beyond the rear wall of the original house* by more than three metres if an attached house or by four metres if a detached house.

In addition, outside Article 2(3) designated land* and Sites of Special Scientific Interest the limit is increased to 6m if an attached house and 8m if a detached house until 30 May 2019.

These increased limits (between 3m and 6m and between 4m and 8m respectively) are subject to the prior notification of the proposal to the Local Planning Authority and the implementation of a neighbour consultation scheme. If objections are received, the proposal might not be allowed.

Maximum height of a single-storey rear extension of four metres.

Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres.

Maximum eaves height of an extension within two metres of the boundary of three metres.

Maximum eaves and ridge height of extension no higher than existing house.

Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.

Two-storey extensions no closer than seven metres to rear boundary.

Roof pitch of extensions higher than one storey to match existing house.

Materials to be similar in appearance to the existing house.

No verandas, balconies or raised platforms.

Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor.

On designated land* no permitted development for rear extensions of more than one storey.

On designated land no cladding of the exterior.

On designated land no side extensions.

Sheds and outhouses

Outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:

No outbuilding on land forward of a wall forming the principal elevation.

Outbuildings and garages to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.

Maximum height of 2.5 metres in the case of a building, enclosure or container  within two metres of a boundary of the curtilage of the dwellinghouse.

No verandas, balconies or raised platforms.

No more than half the area of land around the “original house”* would be covered by additions or other buildings.

In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20 metres from house to be limited to 10 square metres.

Within the curtilage of listed buildings any outbuilding will require planning permission.

Loft conversions

Planning permission is not normally required. However, permission is required where you extend or alter the roof space and it exceeds specified conditions.

Porches

Adding a porch to any external door of your house is considered to be permitted development, not requiring an application for planning permission, provided:

the ground floor area (measured externally) would not exceed three square metres.

no part would be more than three metres above ground level (height needs to be measured in the same way as for a house extension).

no part of the porch would be within two metres of any boundary of the dwellinghouse and the highway

Kitchens and bathrooms

A planning application for installing a kitchen or bathroom is generally not required unless it is part of a house extension.

However, if your property is a listed building you should consult the local planning authority.

Trees and hedges

Many trees are protected by tree preservation orders which means that, in general, you need the council’s consent to prune or fell them. In addition, there are controls over many other trees in conservation areas.

Patios and driveways

Elsewhere around your house there are no restrictions on the area of land which you can cover with hard surfaces at, or near, ground level.

However, significant works of embanking or terracing to support a hard surface might need a planning application.

If you live in a listed building, you will need listed building consent for any significant works whether internal or external.

If you have any doubt, look at the Planning Portal website (www.planningportal.co.uk)