GENERAL CONSIDERATIONS


Before undertaking any building work you should consider the following:

Planning Permission
You are advised to check whether your proposals are considered ‘Permitted Development’, if not you will need to apply for Planning Permission. Contact the Development Control Section for further information.

Building Regulations Approval
New building work will often require Building Regulations (even when Planning Permission is not required). For more information you should consult the Building Control Department.

The Party Wall Act
If you intend to carry out building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property, or excavating near a neighbouring building, you must find out whether that work falls within the scope of the Party Wall Act. If it does you must serve the statutory notice on all those defined by the Act as adjoining owners.

Covenants
Restrictions such as covenants and lease conditions may require you to get someone else's agreement before carrying out work to your property. This is not a planning matter, and you should consult a solicitor if you think you need advice about this.

Your neighbours
Let your neighbours know about work you intend to carry out. They are likely to be concerned about any work that may affect them or their property.

If the work you intend to carry out overshadows a neighbours window and that window has been there for 20 years or more, you may be affecting their ‘right to light". This is not a planning matter, and you should consult a solicitor if you think you need advice about this.

Design
A well-designed building or extension is likely to be more acceptable to you and your neighbours, and often looks better if the same materials are used, and it is constructed in a similar style to the buildings it relates to.

Work that affects Trees
Many trees are protected by:
  • Tree Preservation Orders
  • Planning conditions requiring retention
  • Conservation Area status
This means that you need the Councils consent to prune or fell them. Failure to gain consent may result in prosecution. Contact the Countryside Section.

Wildlife
Some properties provide a home or refuge for protected species, such as bats or badgers. The Wildlife and Countryside Act 1981 gives special protection to bats because of their roosting requirements. lf your building work is likely to affect them, (for instance remedial timber treatment, renovation, demolition, conversion or extensions) you must inform English Nature. They will advise on how best to prevent inconvenience to both bats and householders. Information on bats and the law is included in a booklet "Focus on Bats" which can be obtained from English Nature.




Page last updated on: 21/06/2005