Planning Permission and Building Regulations Assistance.

Conservation Areas

Prepare to Build

Building Control

Conservation areas are designated by local planning authorities as ‘areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance’. If the property for which you are seeking planning permission lies within a conservation area or is a listed building, your proposal is likely to be subject to stricter planning controls. Check with the local council before starting work, otherwise you may face enforcement action.

Outline planning permission is not normally accepted in conservation areas as it is difficult for councils to evaluate the impact of a proposal without seeing the full details.

Living in a designated conservation area has the following effects on planning permission:

  • Applications for planning permission are advertised in the local press and on the site itself
  • ‘Permitted’ development which does not require planning permission is more restricted
  • New developments must preserve or enhance the area’s character or appearance
  • Unlisted buildings cannot be demolished without planning permission unless very minor
  • Satellite dishes cannot be installed on chimney stacks or roof slopes facing the road without consent

Trees in conservation areas

If a tree is rooted in a conservation area, it is still protected even if it is not subject to a tree preservation order. For this reason you must notify the local council if you intend to carry out certain works on the tree.

Bats and the Law

In Britain, all bat species and their roosts are legally protected, by both domestic and international legislation. You will be committing a criminal offence if you:

  • Deliberately capture, injure or kill a bat
  • Intentionally or recklessly disturb a bat in its roost or deliberately disturb a group
  • Damage or destroy a bat roosting place, even if unoccupied
  • Possess, advertise, sell or exchange a bat (dead or alive) or any part of a bat
  • Intentionally or recklessly obstruct access to a bat roost

Bats found during building works

The relevant statutory nature conservation organisation (SNCO) must be contacted for advice if work is needed on a building known to, or may, contain a bat roost. If bats are discovered during works, then work must stop immediately and the SNCO contacted.

Being granted planning permission does not mean that you can start working on your project right away. You will need to consider other issues such as building regulations approval, which may require technical plans, as well as which contractor you will trust to carry out the work. Building an extension to your home may seem like the perfect alternative to uprooting and moving to a new house entirely, particularly when you take into account the possible costs of estate agents and furniture removal. However, building work brings its own set of expenses and risks. It is common for contractors to ask for a deposit before they begin work. This is to provide them with some security of payment before the work is finished. Deposits are often a matter of trust between the two parties – the contractor must trust that you will eventually settle your debt, while you must trust that the contractor will not spend your deposit to fund other work. The best way to find a contractor you can trust is to shop around and get more than one quote on the work so you can compare prices. Make sure to ask them for proof of professional qualifications and references of their recent work. Follow these up to make sure that they are the real deal. Any respectable tradesperson will also be fully insured in case any claims arise from the work they are carrying out. It might be worthwhile to hire a surveyor to make sure that your work is completed on time, on budget and according to your individual requirements. They will also ensure that the work complies with the local area’s planning and building regulations. If you want to manage your project alone, setting up separate payments for each stage of the work will help you keep track of your budget. Another good way to ensure that your money is protected is by registering with a company with secure transaction and payment facilities that specialises in building and improvement projects. This will have the added benefit of reassuring the contractor that you will be able to pay once the work has concluded.

Once planning permission has been granted, you must obtain building regulations approval for your project to make sure that your plans can actually be realised. Most construction work in England and Wales is covered by the Building Regulations 2010. These minimum technical standards, set by the government, make sure that building work is designed and constructed properly. These include public health and safety, the welfare of people working or living in the building, and environmental standards.

The main areas covered by the Building Regulations 2010 are:

  • Structural stability – the building’s ability to safely carry expected loads without collapsing
  • Fire precautions – this includes the construction materials used in the build as well as how easy the building is to evacuate in case of fire
  • The prevention of dampness and condensation
  • Sound resistance between dwellings
  • The ventilation of habitable rooms and unheated voids
  • Hygiene, drainage and sanitary appliances
  • Heating appliances – this includes the safe discharge of flue gasses
  • Stairways, ramps and any vehicle barriers
  • Fuel and power conservation, including insulation
  • Disabled access and facilities
  • Safe glazing for windows and doors
  • Electrical safety

As building regulations are only minimum standards, they simply cover what is necessary for the building to be constructed safely. For that reason you should be aware when hiring a contractor that a building which meets regulatory standards may not meet the individual standards you require. By law, either you or the builder must make an appropriate building regulations application and comply with the regulations. If you don’t do this, you risk being left with an unsafe building and being prosecuted in court.

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