Permitted Development [Part 1 & 2]

Part 1

This Part specifically deals with development within the curtilage of a house. Part 1 is then sub-divided into Classes covering various types of development:

Class A – the enlargement, improvement or alterations to a house such as rear or side extensions as well as general alterations such as new windows and doors. 

There is a neighbour consultation scheme for larger rear extensions under Class A, paragraph A.1(g).

Class B –  additions or alterations to roofs which enlarge the house such as loft conversions involving dormer windows.

Class C – other alterations to roofs such as re-roofing or the installation of roof lights/windows.

Class D – the erection of a porch outside an external door.

Class E –  the provision of buildings and other development within the curtilage of the house.

Class F – the provision of hard surfaces within the curtilage of the house such as driveways.

Class G – the installation, alteration, or replacement of a chimney, flue or soil and vent pipe.

Class H – the installation, alteration, or replacement of microwave antenna such as satellite dishes.

Please refer to this legislation.

Part 2

This Part of the permitted development order relates to minor operations.

Class A –  The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Class B – means of access to a highway.

Class C – exterior painting

Class D –  electrical outlet for recharging vehicles

Class E – electrical upstand for recharging vehicles

Class F – closed-circuit television cameras

Please refer to this legislation.


What is a Certificate of Lawfulness?

There are two types of applications:

  1. Certificates of Lawful Existing Use or Development
  2. Certificates of Lawful Proposed Use or Development

This application is not assessed based on its planning merits; the National Planning Policy Framework and Local Policies and Plans are not taken into account. The application is based on fact, evidence, and legal consideration. 

A lawful development is where no enforcement action may be taken or is in force, or where planning permission is not required.

Application Types

Certificates of Lawful Existing Use or Development

This type of application is applied for where you wish to establish the lawfulness of an authorized development, under permitted development rights, or by the passage of time:

  • The development has existed for more than four years in the case of residential use, the erection of a building, an extension, or other built development.
  • The use has existed for more than four years in the case of changes of use or breach of condition.

Certificate of Lawful Proposed Use or Development

This type of application is applied for where you wish to establish the lawfulness of proposed use or development, under permitted development rights, or for some other reason.

Applying

An application for a Certificate of Lawfulness is similar to a planning application where it would need to meet national and local council validation requirements:

  • Application Form 
  • Site Location Plan
  • Existing and Proposed Plans – Floor, Elevation, Section
  • Evidence – e.g. Affidavits, Bills
  • Fee

Advice

Obtaining this Certificate of Lawfulness from the council is mandatory at times, or can be advisable. It’s always a good idea to get the Certificate to ensure any unauthorised development or ambiguity is formally determined by the council stating it is lawful. 

This could save you from planning enforcement action, or trying to provide this document at the time of selling as a buyer’s solicitor may insist on this before any agreement, which results in an unnecessary delay or the offering being withdrawn as it can take up to eight weeks for the council to issue the Certificate.

It is important to note the onus on the applicant to demonstrate and provide evidence relating to its lawfulness. Without this information, it can be refused based on lack of evidence.


What are Listed Buildings?

Listed Buildings are categorised into three:

  • Grade I for buildings of the highest significance
  • Grade II* and
  • Grade II

Outbuildings and boundary walls are also usually protected by the listing. 

As they are listed, there is extra control in terms of any alterations to the exterior and interior of the buildings. Listed Building Consent is required for most types of work that affect the special architectural or historic interest of the building.

It is a criminal offence to carry out any works to a Listed Building or structure where prior consent is required. It is advised to consult a qualified professional and builder with experience when intending to carry out any works. Maintenance and repair works which match the original work of a Listed Building does not usually require consent, however, the materials and methods must be similar.

The buildings are listed on the National Heritage List for England

Listed Building Consent is required for most types of work that affect the special architectural or historic interest of the building.

Applying for Listed Building Consent

Checking with the Conservation Officer at the Local Authority would be the first step to see whether consent is required or not. They can provide an outline of what might be acceptable and what changes may need to be made to ensure consent is granted. This would usually be through a formal process known as Pre-application advice. 

An application for LBC is similar to a normal planning application, it would need to meet validation requirements:

  • Ownership certificates
  • Design and access statement
  • Scaled drawings and plans.
  • Heritage statement (depending on local council)
  • Photographs (depending on local council)

The fee for an LBC application is free.

It can take up to eight weeks for a decision to be issued, which includes a 21 day statutory consultation period for interested parties to comment, e.g. neighbours etc.

Planning Permission 

Applying for planning permission is a separate process which would be required where development is beyond permitted development rights or the local authority has an Article 4 Direction removing permitted development rights. In some cases, you may need to apply for Listed Building Consent and planning permission depending on the proposed development.

Submitting a planning application for a Listed Building would be the same as required for a non-listed building.


A Complete Guide to Home Extensions

The Benefits of Extending


Extending your home can really make a difference in the way you live and enjoy your space. Whether it’s adding an extra bedroom for a growing family or having a larger kitchen, there are many benefits:

  • More natural light
  • More space
  • Keeping your home and not moving to a different location
  • Permitted development
  • Adding value to your property.

Building an extension not only improves your living space but adds significant value. Within London, a small 15m2 extension could increase the value of a house by an added £60,000. The important factors that affect the value rate are size, location and quality.

Why not check out the added value of your house with an extension on the following link:

Calculator – Will an extension increase the value of my house? 

Getting Started


Firstly, you need to secure planning permission; whether that be by seeking approval from your local council or benefitting from permitted development rights.

In simple terms, planning permission is seeking approval to do building works. Parliament has given your Council the power to assess particular proposed works against a national and local framework. Parliament has also passed Legislation which allows you to do some types of works without seeking planning permission from your local Council; permitted development.

So whether you need planning permission or not depends on what you’re proposing, and your local council.

 

Permitted Development

There are a number of types of home extensions/improvements you can do without planning permission, as long as they follow the guidelines. 

As an example, here are some of the conditions for erecting a single-storey rear extension:

  • extend beyond the rear wall of the original house by more than 4 metres in the case of a detached house, or 3 metres in the case of any other house. (under prior approval 8 metres in the case of a detached house, or 6 metres in the case of any other house)
  • exceed 4 metres in height.
  • the total area of ground covered by extension would exceed 50% of the total area of the curtilage of the original house.

As you can see, it can be quite complicated however with a planning expert it’s a breeze. It’s important to employ a competent planner, rather than an architect, as they have expertise and knowledge to understand and apply to the council. 

Non-compliance to the conditions could lead to intervention from planning enforcement which may result in having to apply for planning permission to the Council, or in the worst-case scenario carrying out further works to comply. To avoid all this, stick to a planning expert.

Can I benefit from Permitted Development rights?

This all depends on your property and your local council. If you own a house, not a flat or maisonette, then you could benefit from this right. You would need to check with your local council to see whether these rights apply within your area as some councils remove this right so that you formally apply for planning permission. A planning expert can help navigate through this and confirm whether your proposal fits within the rights.

Do I need to apply for Permitted Development?

Technically, no. The permitted development right for extensions is planning permission subject to conditions and limitations. You could crack with your extension as soon as you have confirmation from your planning expert.

However, it is recommended to apply for a Certificate of Lawfulness prior to the commencement of building the extension. The Certificate is a formal document from the local council confirming that the extension complies with permitted development and therefore it is lawful. It is a legal document and can provide to be essential when selling the property as the buyer’s solicitors may request this as proof. In addition, it is worth getting this approval as permitted development rights are amended by Parliament as and when deemed necessary.

Compliance & Regulations


Applying for a Certificate of Lawfulness

If you do apply for a Certificate of Lawfulness, then you would need to provide the following:

  • The application form
  • Architectural drawing plans (Elevations, Floor and Location Plans)
  • A fee 

The application form can be found on the local council’s website or you can apply via Planning Portal. A planning expert can manage the whole process with you liaising with an architect. Once the application is validated by the council, it could take around 8 weeks for a determination. 

Unlike a normal planning application, the council cannot refuse the Certificate if it complies with the permitted development requirements.

It’s important to employ a competent planner, rather than an architect, as they have expertise and knowledge to understand and apply to the council. 

Applying for Planning Permission

If you wish to build an extension that goes beyond the permitted development rights, then you would need to apply for planning permission to the local council. 

Submitting an application needs to meet validation requirements set by national and local standards. The essential document would be similar to a Certificate of Lawfulness, however, you may need to submit further documents:

Essential:

  • Application Form
  • Architectural Drawing Plans (Elevations, Floor and Location Plans)
  • A Fee 

Other:

  • Design And Access Statement
  • Tree Report
  • Ecology Report
  • Flood Risk Assessment

Each council has its own specific list and therefore you may need to submit other documents to comply with validation requirements. 

Once the application has been validated, it is allocated to a planning officer to assess the proposal. The application is assessed against national and local planning policies taking into a number of considerations such as:

  • Design and Appearance
  • Character
  • Neighbour Impact
  • Local Constraints

It is therefore paramount that the application is considerate, aiming to enhance and complement the house and local area. 

A decision of the application would be issued usually by a minimum of 8 weeks. During the assessment the planning officer may discuss the application with you, however, they are not obliged to do so. Sometimes if it’s a tweak that would be more preferable for the council then it can be addressed by the architect. 

What happens if my application gets refused?

If your application is refused, there are two options you could take to secure planning permission. 

  1. Re-apply 
  2. Appeal

Your planning agent will be able to decipher the decision by the council and advise whether it is worthwhile submitting a revised scheme or appealing. 

Sometimes a refusal can simply be fixed by making an amendment and submitting a revised application. It doesn’t cost to re-submit, as long as it’s done within 12 months of the refusal. The only cost you may need to consider is for the architect to make these amendments and for the planning agent to re-submit, which shouldn’t cost much.

If an appeal is required, then this can be a lengthy process but sometimes prove to be worth it. It is advisable to use a planning expert to manage the process as it can be complicated and lengthy. You would need to submit an appeal to the Planning Inspectorate, an independent body to the local council, with an accompanying appeal statement and any required documents. 

Once planning permission has been granted, you then will need to proceed to get detailed drawings for compliance with building regulations, and for builders to use.

Building Control

As part of the building process, you need to comply with Building Regulations. 

Buildings are controlled by The Building Regulations which ensures that they are going to be built safe, healthy and high-performing. The regulations cover specific topics: structural integrity, fire protection, accessibility, energy performance, acoustic performance, protection against falls, electrical and gas safety. They also lay standards for drains, ventilation, protection against the ingress of water and protection against contamination including methane and radon gas. 

You would need to submit an application to the Council with drawing plans demonstrating compliance. A structural engineer will need to complete a survey and share their expertise with the architect to ensure the plans are correct.

The expected cost for the whole process would be similar to applying for planning permission.

The Build


The cost of a home extension will depend entirely on the:

  • Size of Extension
  • Location 
  • Structural Layout
  • Glazing

An important factor to consider could be where the extension affects a neighbouring party wall. A Party Wall Agreement would need to be drafted up where you may need to employ a party wall surveyor, which factors both yours and the parties costs.

You should ensure all the following items are clarified before agreeing with a builder to carry out your extension works:

  1. Detailed Quotation
  2. Building Schedule (Itemised and Costs)
  3. Project Management (Management of Build, Timescale, Quality Assurance)
  4. Considerate Builders Plan (Minimise disruption to yourself and neighbours, Routine Site Clearance, Protect House)
  5. Full Liability Insurance
  6. Payment Terms 
  7. Skip Hire
  8. Other Costs 

Summary


Here is a step by step breakdown of getting your extension completed:

Phase 1

  • Discussion with Planning Officer
  • Survey by Architect
  • Drawing plans
  • Obtain specialist reports
  • Submission of application

Phase 2

  • Meeting with Builder
  • Schedule of works and costs
  • Draw and prep plans for application 
  • Stages of inspection Agreement
  • Commencement of building works
  • Survey from Building Inspector
  • Completion Certificate

We hope this guide has given you insight into the process, the expected costs and some key details of compliance and regulations. For more expert advice or support with your planning application please get in touch. 


Building Process to Single Storey Rear Extension

1. Site Preparation

The first stage of the building process is preparing the site so we can work efficiently. The area of where building works will be carried out and the access routes are cleared from any rubbish. The materials and equipment required to do the initial works are cleverly planned out and located at the builder’s convenience. The site is protected and made safe.

2. Groundworks

The foundation of the building is where the quality of the build starts. The foundations are dug out per building regulation specifications which ensure it is structurally sound and legal. The Building Control inspector will check the depth and width, and advise or sign off this part so that the footings can be poured. If required, reinforcement and drainage systems will be inserted into the foundations. Thereafter, the concrete is poured into the foundation to create a solid footing. The Building Control inspector will visit again to approve the footing.

3. Superstructure

The bricks are laid to build up the damp-proofing course. Sand is laid before the damp-proofing membrane, and insulation is fitted. To finish off the flooring, the concrete slab is poured and levelled. The Building Control inspector will complete a visit and check the works.

4. External and Internal Walls

The blockwork and brickwork are created and cavity wall insulation is fitted within. Wall ties will be fitted to the new walls and existing walls of the house. The lintels and frames for the doors and windows are fitted. Any internal walls within the extension will be built.

5. Roof

The roof structure is formed. The roof battens are cut and fitted over the membrane. The slates or roof tiles are laid, ridge and valley tiles are fitted. The fascias, soffits and verges finish off the roof appearance making it secure and complete. The floor screed is poured to make the ground durable and soft for additional floorings such as carpet or wood.

6. Windows and doors

The windows and door are fitted in the frames. The guttering and drainpipes are fitted by the roof and external flank elevations.

The foundation of the building is where the quality of the build starts

7. First Fix

A practice known as first-fix is completed ensuring all the electrics, plumbing and carpentry are in place. The studwork wall is fitted with door linings and pipes are boxed in.

8. Demolition

To allow access from the rear wall of the house to the extension and connect the buildings, steels are fitted along with padstones.

9. Plastering

The battens placed internally forming the walls will be insulated and boarded. The plastering will be completed and left to dry for approximately one week.

10. Painting

Once the plastering has completely dried, the walls and ceilings will be painted.

11. Second Fix

The electrics will be wired, and switches and lights will be fitted. The sockets will be made live. The plumbing will be completed with taps in place and connections installed. The flooring will be laid and finished off.

12. Completion

Any finishing fittings and touches are completed. The works are completed and a completion certificate will be provided by Building Control

Once all the building works have been completed and signed off, it’s important to ensure you have all the relevant documents stored safely and accessible when required. In the event where you may wish to sell your property, solicitors require the documents provided by the council and building control to demonstrate the build is lawful and in compliance with regulations.


Can I extend up to 6 metres without planning permission?

Planning Permission

You can build a large single storey rear extension without applying for planning permission to your local council (Larger Home Extension Scheme).

Under permitted development, you can extend up to 8 metres (detached house), or 6 metres (other than a detached house), subject to conditions set out in Class A, Part 1, Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015.

This right was for a limited time only, however it has now been made available with no time limit.

You can build a large single storey rear extension without applying for planning permission...

Prior Approval Notification (neighbour consultation scheme)

To take advantage of this, you would need to go through a process known as prior approval notification (neighbour consultation scheme), which informs the council that you wish to build a large extension. The council will then notify neighbours of the scheme, and if the neighbours comment, a view will be taken of whether there is any impact on the amenity of the neighbouring properties.

With experts involved, you don’t have to stress about getting your head around all the details and the planning jargon, as they will know the conditions and requirements set out for this process. It’s worth investing in doing it properly from the outset rather than stumbling on difficulties during the build which could lead to enforcement action.


Do I need Planning Permission for my flat or maisonette?

Maisonette and Flat

A flat is a dwelling place which usually comprises several rooms on one floor, within a building that has a shared entrance. 

A maisonette is similar to a flat, usually within a house but has its own private entrance and can be more than one floor.

Planning Permission

There are rights within the planning legislation that permits certain types of works or uses subject to conditions.

The Town and Country Planning (General Permitted Development) (England) Order 2015, Part 1, Schedule 2 permits enlargement, improvement or other alteration to a dwellinghouse without planning permission. 

Flats and maisonettes do not benefit from permitted development rights. 

Although there is no clear particular reason why there is a difference, one of the reasons could be that Parliament wants Local Authorities to have extra control over what can be developed for flats and maisonettes, as they may perceive them to differ from normal standard houses where there could be more flexibility for home improvements and where the impact of the proposed development could be acceptable in terms of planning.

Party Wall

Living in a flat or maisonette usually comprises sharing a wall with a neighbour. In such instances, a party wall agreement may need to be completed with your neighbours. This is to enable owners to carry out works whilst protecting their neighbours and avoiding necessary inconveniences and avoid disputes in advance of proposed works. 

Leasehold

It is common that a flat and maisonette may be under leasehold ownership. If so, it would usually require consent from the freeholder to carry out any work to the building.

Flats and maisonettes do not benefit from permitted development rights. 

Pre-Assessment

Although you can’t do building works to your flat or maisonette under permitted development, you can still obtain planning permission. To check the likeness of whether planning permission would be approved, you can complete a pre-assessment before investing in submitting an application to the council. To get an initial free quote in less than two minutes, please click the ‘Get a Quote’ icon and follow the steps.


Do I need Planning Permission?

What is Planning Permission?

Planning permission is seeking authorisation to do particular building works, or change the use of the building/land.

Parliament has given local councils the power to assess particular proposed works against a national and local framework.

Parliament has also passed Legislation which allows you to do some types of works without seeking planning permission from your local council; known as ‘permitted development’. If a formal determination is required for permitted development works from the council, then you would need to apply for a Certificate of Lawfulness which is similar to the requirements of submitting a normal planning application.

How do I apply?

You will need to submit a planning application which meets the validation requirements set by national and local standards. The application will need to include the following:

Required:

  • Application Form
  • Architectural Drawing Plans (Elevations, Floor and Location Plans)
  • A Fee

Possibly Required:

  • Design And Access Statement
  • Tree Report
  • Ecology Report
  • Flood Risk Assessment

Each council has its own specific list and therefore you may need to submit other specialist reports to comply with validation requirements. Appointing an expert in planning to manage the process is the best and safest way to ensure you’re getting the best out of what you want to apply for and ensuring compliance with the set requirements.

Planning permission is seeking authorisation to do particular building works, or change the use of the building/land.

How long does it take?

The preparation of an application and getting it submitted to the council takes around 2 weeks. The application is considered by a planning officer at the council and thereafter a decision is issued within 6-8 weeks.

Our process:

  • Pre-Assessment – Planner
  • Survey – Architect/Designer 
  • Drawing Plans (Elevations, Floor, Location, Site etc) – Architect/Designer 
  • Obtain Reports, if required – 3rd Party Specialist 
  • Submission of Application – Planner

So whether you need planning permission or not depends on what you’re proposing. With our team of experts, we can help and manage it all for you. To get an initial quote, get in touch now and find out within less than two minutes!


S106 Agreements, Unilateral Undertakings, CIL

S106 Agreements

Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; also known as planning obligations.

Section 106 agreements are drafted to mitigate the impact of development proposals; restrictions on the use of the land or the operation of the development or to make contributions towards the local infrastructure and facilities.

New development can add pressure on the social, physical and economic infrastructure. The planning obligation helps to improve the area, and where possible make contributions to support the development impact on the local infrastructure.

The legal agreement usually covers the following areas

  • Affordable Housing
  • Education
  • Highways
  • Public Open Space
  • Town centre Improvements

The content of the S106 agreement is agreed through the consultation period of the planning application with the relevant parties and planning officer. An application can not be determined until the S106 agreement has been completed with the Local Authority.

Unilateral Undertakings

If the proposal is for a minor development you have the option of completing a Unilateral Undertaking, rather than a full S106 Legal Agreement.

A Unilateral Undertaking is a simplified version of a planning agreement, which is quick and straightforward to complete and is agreed by the landowner and any other party with a legal interest in the site. This can help speed up the process of securing planning permission.

A Unilateral Undertaking consists solely of the payment of financial contributions, to be paid prior to commencement of development. It includes an obligation to pay the Council’s costs in monitoring and managing the implementation of the planning obligation.

CIL – Community Infrastructure Levy

The Community Infrastructure Levy is a charge which can be levied by local authorities on new development in their area to help them deliver the infrastructure needed to support development in their area.

The charge for CIL varies according to the local authority who set the schedule depending on the area. The levy is due when development is commenced.

There are some reliefs and exemptions for development related to residential annexes and extensions, minor development, charitable and social development, self-build etc. There are conditions that need to be met to apply for these benefits.


Single Storey Extensions

Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 permits the erection of single-storey side and rear extensions, subject to limitations and conditions. 

Some of the limitations are:

  • Single storey rear extensions can extend up to 4 metres for a detached house, and 3 metres of any other house.
  • Under prior approval notification, it can extend up to 8 metres for a detached house, and 6 metres of any other house.
  • It can be extended up to 4 metres in height
  • Side extensions can be extended up to half the width of the house.

Some of the conditions are:

  • The materials used in the extension must be similar to the existing house.
  • Any upper floor window of the side elevation must be obscured and non-opening below 1.7 metres of the floor of the room.

Please refer to this legislation.