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Upgrade or Extension to your house? the Legal position







Planning Guidance for Extensions:






Building control



Building regulations are minimum standards for design, construction and alterations to virtually every building. The regulations are developed by the UK government and approved by Parliament.

The Building Regulations 2010 cover the construction and extension of buildings and these regulations are supported by Approved Documents. Approved Documents set out detailed practical guidance on compliance with the regulations.

Building regulations approval is different from planning permission and you might need both for your project.

You can apply to any local authority building control department or Approved Inspector for building regulations approval.


https://www.planningportal.co.uk/


Do you need permission?

Find out whether your home improvement or large scale commercial project needs planning permission or building regulations approval. Use our common projects and interactive guides to find out about permitted development limits or explore our in-depth guidance to understand about what you need to consider at each stage of your project.

Home improvement projects

Do you want to create more space in your home, make it more energy efficient or perhaps you are looking to self-build? Whether your project is large or small the Planning Portal's common projects and interactive guidance can help you to plan and take the next steps to begin your building work.


Home improvement projects

Are you thinking of making improvements to your home? From smaller projects such as replacement windows or adding an outbuilding to embarking on an entirely self-built home; our advice and interactive guides can help to steer and support your project, from the planning stage through to completion.

The page is split into three main sections to guide you at each stage of the project. Use the yellow buttons to expand or the grey buttons to minimise the information in each section.

If you are unsure about what project would be best for your home, you can search https://www.planningportal.co.uk/ to find out what you are allowed to do under the permitted development rules.





Planning your project


Whether you are thinking of a loft conversion, an extension or a new kitchen, making significant improvements to your home will require detailed planning and research.

This section gives advice on how to get your project started. Here you can research over 50 different projects, access our homeowner guidance, make an application for planning permission and building regulations approval online and find a local tradesperson.





Restrictive Covenants


Usually in your House Deeds there is a list of restrictions that you must observe and perforce


These restrictions are self explanatory but we would particularly draw your attention to relating to alterations and extensions to the Property.


It is very important that this is observed as if Consent is not obtained at the time of the alterations or extensions being carried out this could cause problems if you decide to sell the Property. Please note these are over and above the usual planning and building regulations consents you may have to obtain as these are Deeds Consents


Modern houses tend to have more lengthy covenants than older houses this is because the legal position has changed over the years on what can and cannot be enforced but also to provide an aesthetic uniform façade to an Estate. Therefore older properties tend to have covenants relating to agriculture or use and modern houses relating to appearance


When you come to sell you will be asked to read your covenants and confirm you have not breached them if you have breached any of them you may be asked to provide an indemnity policy to your buyer. Similarly if we believe your seller has breached any covenants in this title we will be obtaining a policy on your behalf.


Not to change or extend the exterior with the original builder’s permission

if the original builder no longer exists you may have to provide a breach of covenant indemnity on sale as the responsibility vests with the Crown


All outbuildings whether temporary or permanent need permission and plans should be submitted to the original builder for permission


Extensions and garages must be built in same style and brickwork of original construction


Heights of fences (usually 3 feet at front and 6 feet at rear unless otherwise stated) Do not carry on a trade from the property


No outbuildings other than sheds/greenhouses (& not of corrugated iron)


TO pay the freehold service charges when it is a managed estate


Not to keep pigs poultry or pigeons


Not to deposit rubbish in managed/public areas


Not to build over any sewers or drains


Do not sell liquor from the premises


Only a private dwelling can be built


Cannot use the property for anything noxious or offensive


Porches and bay windows cannot extend at the front beyond 4 feet To keep gardens clean and tidy


Not to hang washing where it can been seen from the road


Not to block access with vehicles


Not to park commercial vehicles or caravans on the driveway


No advertising hoardings


Not to create any new roads or access’s


Not to alter existing trees or shrubs


Not to alter without consent


No satellite dish at the front


To pay a proportion of any shared access


To pay shared costs of any drainage


Building Over a Public Sewer


If you’re proposing to construct, extend or underpin a building within your property boundary you must check whether any public sewers or disposal mains are close by.

If there is a sewer within 3 metres of your proposed works, then you will need our consent prior to your works being carried out. This is to protect the sewer and the building from possible damage to each other and to ensure that access to the sewer is not adversely affected.


Any form of building work, puts drainage assets at risk and it’s your water authority responsibility to ensure they are not damaged and they can continue to access them and maintain them in the future.


There may be situations where building over a sewer is not possible. If this is the case, you will be guided through the process to follow in relation to making an alteration / diversion to the public sewer network by contcating your local water authority



Building Over or Near to a Public Sewer


Your building work may need planning permission or building regulations approval from the local authority and Water Authority’s approval. Some work falls under homeowners’ permitted development rights and may not require Building Regulations approval.


Your local water authority receives consultations direct from the Building Control Officers from the local authority and also from Approved Inspectors.


The Approved Inspectors must formally advise the Building Control Officers that they are ensuring that the works are carried out in accordance with Building Regulations.


Your local water authority also offer a service if customers would like to contact them directly regarding a consultation.


If you are planning any building work and a public sewer could be affected, we always recommend you consult your Local Authority Building Control department in the first instance.


What happens next?

On receipt of the consultation, Your local water authority will check to see whether building over or near to a public sewer will be allowed.


If applying direct for this service, please provide Your local water authority with a drawing detailing the information you have available, and contact details, including a daytime telephone number, so Your local water authority can get in touch with you easily and quickly to discuss your plans.


If you are planning on building an extension, please let Your local water authority know where it will be located. For example, is it going to be on the side or back of the building.


Once they receive your plans they will;


check the location of public sewers and look for any easement or covenants affecting the pipecheck whether the pipe is suspected of being in ‘poor’ condition


They will provide a map showing the position of the local public sewer network.


Once they have undertaken their technical assessment, they will either issue an Approval or Rejection.


The Approval means you can start work on site and is a very important document that you will need to retain and keep with the deeds of your property for when you come to sell your house.


If you receive a Rejection, they will discuss the reasons for this with you and work with you to help identify alternative solutions.


Throughout the end to end consultation process, Your local water authority will work with you to ensure your development can proceed whilst ensuring that your property, and the integrity of their sewers, are protected.


https://www.water.org.uk/advice-for-customers/find-your-supplier/



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