Technical things explained...
My overriding intention is to relieve you of any worries throughout your project. Many people I meet are confused by the complexities and legislation involved with carrying out building work. Let me break this down and hopefully simplify matters – I will, of course, advise you as to how these affect you and I will also deal with all of these on your behalf;
Building works generally have to satisfy and comply with Planning laws and the Building Regulations. For many types of building work, separate permission of both regimes (separate processes) will be required. For other building work, such as internal alterations, Buildings Regulations approval will probably be needed, but Planning permission may not be. Some projects also require a Party Wall Agreement with your neighbour.
Planning - Extensions, conservatories, external alterations and change of use (shop to house, house to flats etc) require Planning approval. Some extensions, conservatories and alterations are deemed as Permitted Development if their size and position falls within certain parameters. If this is the case I would always advise that a confirmation letter is obtained from the Planning department. All other work requires a Planning Application and is subject to the Local Authority’s various development criteria. These can vary from area to area and take into account the location of your property – whether it lies within the local development area, conservation area, rural area or Green Belt.
Building Regulations - Extensions, conservatories, external alterations and change of use (shop to house, house to flats etc) require Planning approval. Some extensions, conservatories and alterations are deem – Most building works to your home will require Building Regulations Approval. All work involving any Structural alterations (removal of a wall, forming a new opening, new roof, floors etc) will require Structural calculations. Approval can be obtained via three routes – Full Plans, Building Notice or Regularisation, the differences being;
1) Full Plans: where drawings, details and other supporting information is submitted for checking and a formal decision notice (approval, conditional approval or rejection) is given. Firm quotations and construction can be carried out using the Drawings and specification.
2) Building Notice: a less detailed form of application where minimal information is initially required (although the Local Authority may request further detail) and no formal decision is given. The approval process is much more heavily weighted towards the work in progress. A budget estimate may be obtained using the limited information provided. Actual construction and materials used must be approved by the Building Inspector following site meetings with the contractor, usually leading to alterations to the contractor’s estimated quote.
3) Regularisation: a means of applying for retrospective approval of work that was previously carried out without Building Regulations approval.
It is important to clarify which of the first two routes your designer intends to follow. I always recommend that a Full Plans application is made and I will always provide drawings and specifications that meet with these requirements – after all, why come to me if a sketch will suffice?
Party Wall Agreement – This depends on the relationship between the foundations and walls of your extension with your boundary to adjoining properties. If these fall within the stipulated parameters you will need to enter into such an agreement with your neighbour.
Construction (Design and Management) Regulations 2007 (CDM 2007). Although a domestic client does not have duties under CDM 2007, those who work for them on construction projects will.
