Derelict properties are all over the United Kingdom.
These are homes that are abandoned or neglected, in a state of total disrepair.
If you want to rebuild your derelict property, you may assume that it’s your right to do so.
But it’s not quite that straight forward!
Read on to learn more.
Can you rebuild a derelict house without planning permission?
Yes, this is possible. Although it’s very rare.
In most cases, planning permission is needed. This is because it’s considered ‘development’ to rebuild your derelict house.
The main exception comes around the subjectivity of the word ‘derelict’.
In some cases, you can change this. For example, if you can argue that the property is not derelict and has not lost its residential use.
It depends on the local planning authority’s interpretation.
You should find a property lawyer or solicitor with experience in this. They can help you to build a case that your house is not derelict and is still habitable.
Once that’s agreed upon by the local authority, you could be able to rebuild without planning permission.
Why do you usually need planning permission to rebuild a derelict house?
In most scenarios, you need planning permission to rebuild a derelict house. This is because it falls under the category of ‘development’.
Especially if you are knocking the original building down to start from scratch.
With such a major project, the local council needs to ensure that the new building won’t:
- Be a safety hazard
- Go against local planning policies (traffic, privacy, appearance, parking spaces, etc.)
Can the local council stop me from rebuilding a derelict house?
Yes, they can sometimes do this. It’s usually because your proposal for a new building would be detrimental to the area.
This is especially common in protected areas. The council tries to preserve a certain appearance in these.
It could also be blocked if your original house is historically or aesthetically significant. If it’s a local landmark for example.
If this happens to you, you should speak to the council about why they’re blocking you. See if you can do anything to follow their requests.
If not, your last chance is to appeal to the government’s planning inspectorate.
How to appeal against a council blocking me from rebuilding a derelict house?
The planning inspectorate is the government’s independent body for making appeals about planning.
You should get a lawyer or solicitor to support you with your application.
You’ll need to complete an appeal form and follow the inspectorate’s process. This is publicly available on the government website.
You must explain why you think the local council’s decision is unfair, ideally citing precedents.
The inspectorate will then consider your appeal. This may result in a hearing, or written procedure.
If you’re successful in your appeal, you could also be able to claim back legal costs from the local planning authority.
