NEW YEAR, NEW PROJECTS?

The New Year is most commonly associated with new beginnings and, indeed, it is a time when many homeowners/or property owners start to consider their options for extensions and/or home improvements (or in some cases, the construction of additional buildings and facilities at the property or on their land).

Indeed, for some people, it is also a time where purchasing a new property is considered.  This then comes with considering the options or potential for those properties in order to ascertain, and narrow down, your preferred property and how it could meet expectations and aspirations.  In some cases, it can also dictate what someone may potentially pay for a property (albeit value and worth are different matters, perhaps for another article!).

In terms of extending the living space associated with a property, there are a number of things that you need to consider which can include, but are not limited to, the size and shape of the property and surrounding outside space (taking into account that associated land is not always classified as garden in planning terms), how much space you need, what your budget would be for extension works, whether it would impact  upon your neighbours and whether the project would add value to the property and be appropriate for the host dwelling itself.

It is also relevant to consider, in terms of planning issues, whether the property has been extended previously and whether there is, in turn, scope to extend the property further taking into account the original dwelling itself.  This is particularly important within a consideration of both planning applications and permitted development rights, as well as within constraints such as the Green Belt, where reference to “original” dwelling is made as a starting point.

If you can’t extend the property, there may still be scope for internal alterations, such as removal of internal walls, to create more appropriate living space and you do not usually need planning permission for minor internal alterations (as these do not come within the definition of development), however you would need listed building consent if the property is listed (and Building Regulations are, as discussed below, a separate consideration).

Equally, it should not be assumed that the property has permitted development rights as, in some areas, permitted development rights are restricted (especially in some Conservation Areas) and some previous planning permissions can contain conditions restricting permitted development rights and this should always be checked prior to commencing works.  It is, therefore, very important to get a clear understanding of any restrictions or previous works to understand the scope a property may have for improvement or alterations.

Whilst it may be tempting to assume that because other properties within the vicinity have undertaken similar works to those which you wish to undertake, it should not be assumed that you would be granted permission on this basis.  The rules and regulations, based upon planning policy as well as legislation, do change over time and indeed some property alterations can exist as a result of having been undertaken without planning permission but having survived for long enough to now be unenforceable in planning terms.  This means that whilst they cannot be enforced against, and be made to be removed, they did not receive planning permission in the first place.

Planning permission, and the planning system as a whole, are entirely separate to building regulations.  Building regulations ensure that construction work remains structurally safe, is protected from fire risks, is energy efficient and has adequate ventilation etc to comply with the relevant parts of building regulations.  Building regulations can be best described, ultimately, as the health and safety of construction whereas planning permission is more concerned with, general use and principle, and how things would look.

When undertaking any form of home improvement and extension it is advisable to take professional advice, at an early stage, as if you go ahead without permission, and the proposal is not permitted development (keeping in mind that even some permitted development requires prior approval which, by its very name, requires approval prior to works being undertaken), you could be served an Enforcement Notice meaning that you could be forced to demolish the work, or at least part, undertaken without consent depending on the circumstances.

Undertaking work, without planning permission and appropriate building regulations, can therefore be a very costly risk especially in light of enforcement timescales, for planning permission, having been extended from April 2024 to a flat rate 10-year enforcement window.  Within this window, if permission cannot be secured, you could be ordered to remove the works.  This may be a particular issue when, for example, selling your home and the prospective purchaser asks for copies of relevant permissions and documentation at enquiry stage.

It is also important that you obtain a completion certificate from the building control body when the works are completed (also known as a final certificate if using a private approved Inspector) if you do not get one, it could cause problems at the point of sale, obtaining insurance for obtaining a mortgage.

Planning Consultants generally with architects, and other professionals, to obtain the relevant supporting documentation and initial designs, plans and specifications to allow you to obtain planning permission (or a certificate of lawfulness/prior approval, depending on the scope of works) with architects often being then well appointed to assist with instructing building contractors and dealing with building regulations when it comes to constructing your extension or undertaking alterations.

If you are considering any home extensions or alterations or are looking to buy a property in 2025, get in touch – we can assist with advising on which properties have potential for expansion or improvement (particularly if you are considering purchasing a property for a specific purpose) as well acting as agent dealing with preparation and submission of planning applications, as a single point of contact, to remove any confusion and reduce the stress commonly associated with the planning process!

We can also undertake basic searches, check for site constraints or relevant matters and report back on properties you are considering buying and/or undertake more detailed development appraisals for properties and land in relation to your aspirations to ascertain what may, or may not, be possible.

The result?  You can make more informed decisions in shortlisting properties that may be suitable as well as avoiding properties which have in principle issues which you may wish to avoid leaving you more time to make, and pursue, offers on properties which are best suited to you (which is better than buying something and then finding out you have no chance of an extension or constructing that stable block or outbuilding you had hoped for…).