Grand Design or Changing Rooms - Have you got consent?
With the housing market in the doldrums many homeowners are considering expanding or updating their home rather than trying to move. Whether you are planning a Grand Design or simply Changing Rooms, care must be taken. Consents of a variety of third parties may be required before work can begin.
Consents divide broadly into two: public, or local authority; and private, for example restrictions in leases or covenants. Broadly they are as follows:-
Public consents
First, remember different consents are provided by different people who do not necessarily confer. Never assume the consent under one head, means consent under another.
Planning Consent
This is usually required when changing the appearance or use of a building.
Planning consent may not be required for smaller alterations and additions. Provided certain criteria are met these will be classed as "permitted development". From 1st October 2008 permitted development was extended to include many more types of extensions and alterations.
However properties in "designated areas" such as national parks, areas of outstanding natural beauty and conservation areas are subject to tighter restrictions. What might be considered permitted development in other areas may require planning consent in these.
Planning consent is also required when changing the use of a building, for example a barn conversion. This may also be true for smaller conversions for example garages to home offices or sheds to stables.
Building Regulations Consent
Even if the proposed alterations do not require planning consent they may require Building Regulations Consent. Building regulations set the standard for the design and construction of buildings and are driven by health and safety. Therefore Building Regulations Consent is required for any works that might affect the structural integrity of a building or health and safety aspects. Removing an internal structural wall might not require planning consent but will always require Building Regulations Consent. The replacement or installation of windows should not usually require Building Regulations Consent if a FENSA registered contractor is used.
Listed Building Consent
This will be required even for minor alterations which affect the fabric and character of a Listed Building. Everything in buildings of all grades of listing is protected unless it can be shown that the feature or element is of no significance and does not contribute to the special interest of the building. Listing also applies not just to the building or structures attached to the main listed building but also to independent structures within the curtilage if they were erected before 1948.
Private consents
You will need to check whether you need the consent of anyone other than the local authority.
Leases
Many leases forbid or severely restrict structural alterations, to protect the building as a whole. Non-structural changes usually require written consent of the Landlord to be obtained before the work begins. Expect to pay the Landlord's legal fees for a licence for alterations, and surveyors' fees for inspecting the works.
To minimise nuisance to other occupiers leases often restrict work to certain times of the day.
Restrictive covenants
Freehold properties may be subject to restrictive covenants. These will show on the title.
New build properties often may not be altered within a given time, say 5 years from construction. Although consent to such alterations might be available from the developer it will usually be for a fee.
Older properties can also be subject to restrictions. These can date from conveyances tens of years old making it difficult to trace persons whose consent is required. Insurance can be used in such cases to protect you if you proceed without the required consent.
Neighbours
Whilst neighbour consent is not usually required it is worth informing them that works are to be carried out, especially if they are prolonged or involve noise or dust. However works on a wall or structure on a boundary may mean a party wall agreement is necessary.
Insurers and Mortgagees
Check with your insurers and mortgage company whether their consent is required, particularly for major structural work.
The exact consents will vary from property to property depending on title and the work. Happily you won't need the consent of your lawyer or surveyor, but given the potential expense and consequences of getting it wrong it is a good idea at least to take their advice.
Rosie McCormick Paice, Partner
Residential Transactions
email r.mccormickpaice@pglaw.co.uk
tel 020 7591 3344