Improving a property that you’ve bought is an exciting moment.
It allows you to increase its value and create more living space.
But you shouldn’t rush into these projects!
You must get the necessary permissions first.
Planning permission: Overview
Planning permission means you’ve received approval to erect a new building. Or make changes to an existing property.
It’s a crucial part of housing law in the UK.
You usually need planning permission in both the residential and commercial sector. Anyone who fails to get the necessary permission can be sued and forced to undo the work.
The goal of planning permission is to stop detrimental developments. Examples might include:
- Blocking light from neighbours
- Changing the appearance of a town
- Building in a conservation area.
Keep in mind that there are different types of planning permission. By far the most common is via local councils, who can give you planning permission.
But you can get permission through local or neighbourhood development orders. Community right to build orders are also enough.
When planning permission is needed
You need planning permission to do work that meets the definition of ‘development’.
This is based on section 55 of the Town and Country Planning Act 1990.
It’s not always about the nature of the development. It also often relates to the size of it.
For example, outbuildings below 2.5 m in height don’t usually need planning permission if they are more than 2 m from a boundary.
It’s always best to be cautious about planning permission. Check whether you need it before doing any work.
Examples of when planning permission is needed
1.Outbuildings taller than 2.5m or close to a boundary
Any outbuildings above 2.5 m in height need planning permission. This is because it can impact neighbours or local wildlife in a noticeable way.
Examples of outbuildings include a shed, summer house, or greenhouse.
If the outbuilding is within 2 m of a boundary, then this needs planning permission as well. You should thus measure these dimensions.
2.Any change in a conservation area or AONB
Councils are much stricter in conservation areas across the UK. These are locations where the architecture or history of the area is trying to be protected.
Areas of Outstanding Natural Beauty (AONB) are another example. This is countryside settings where the animals and plants are protected. The ‘green belt’ near London is a well-known one.
You might live in one of these areas without knowing. Make sure to double check.
3.Change of use
You need planning permission when you change the use of a property. For example, if you’re changing it from a residential to a commercial building, or vice versa.
Changing the industry or company operating in the building needs planning permission. For example, if a restaurant is being replaced by a newsagent, then you must sign this off with the council.
4.Listed buildings
Listed buildings are protected due to their local significance or unique appearance. Find out whether your house fits into this category when you buy it.
Councils are strict about changes to listed buildings. If it’s small interior improvements, it could be fine.
But when the appearance changes, this is a problem. It’s one of the downsides of buying listed buildings.
Examples when planning permission isn’t needed
1.Small changes
Tiny extensions or changes rarely need planning permission. Make sure that it’s within your permitted development rights.
Changes where there’s no exterior extension to the house that often don’t need permission. For example:
- Basement extensions
- Loft conversions
- Internal remodeling of rooms.
The same applies when changing any interior elements, like doors, lights, and windows.
2. Outbuildings shorter than 2.5m and far from a boundary
You can install an outbuilding in your garden, as long as it’s not taller than 2.5 metres. It should also be further than 2 metres from the boundary.
3. Replacing windows and doors
You usually have freedom to change the windows and doors in your house.
An exception is when you live in a leasehold. You don’t need to run it past the council.
4. Fixing items that are already there
Any existing items in your house can usually be mended, without permission.
An existing boiler, electrical wiring, or oven are some examples.
Appealing planning permission denials
If your local council denies planning permission, you can appeal to the planning inspectorate.
You can appeal for up to 6 months after your council’s decision letter. You must give a statement about why it’s unfair, and details of the changes you want to make.
There’s not a fee involved to submit an appeal. But it helps to get support from a qualified legal expert. This gives you the best possible chance of success.
Consequences of making a change without planning permission
You can be sued by a neighbour, or the council. This usually involves a fine, plus an order to return the property to its original state.
If you’ve made changes to a listed building, the punishment is severe. Spending time in prison is not impossible.
Sometimes, you can submit a retrospective planning application. But there’s no guarantee of acceptance.
