This section is all about:

                                                    ~ our architect/planning service

                                                       ~ planning guidelines for conservatories

                                                          ~ building control

                                                             ~ the 1996 Party Wall Act

 

You’ll find below all the details you’ll need to know about these concerns. Simply scroll down to the relevant section you’re interested in.  The information is given in good faith and is to be used as guidelines and represents our understanding of the planning requirements etc. You can also go to your local authority planning web site portal to review their own information published there. If you have any queries please get in touch.

 

 

Architect and Planning Services

We are happy to work with either you or your own architect in respect of submitting planning applications to your local authority. Alternatively we have linked up with a local architect who can draw up all the necessary elevations and complete and submit your planning planning application.  His fees are very reasonable and he will happily provide a quotation often incorporating the £150 planning application fee itself. The total fee however is totally dependent on distance and work involved. Colin Purser will also deal with listed building and conservation area applications. We are happy to produce the detailed notes, conservatory base and elevation plans to allow the submission to be drawn up and we do this free of charge. You can either contact our architect directly or we will deal with him for you. The architect will normally visit the site and assess what’s needed and at that point will be able to discuss the fee with you. You pay him directly for his services. Most planning applications can be tracked online after submission via the planning department’s web sites for each local authority.

Mr Colin Purser (Dip. Arch. Glos. R.I.B.A.),

1 Ten Acre Cottage,

Lincoln Green Lane,

Tewkesbury, Glos. GL20 7DN

 

Tel: (01684) 296521

Email: ernapurser@hotmail.com

 

(Note: If you want a builder, then go to our Links page)

 

Planning Permission for Conservatories

It’s known that approximately 60% of all conservatories to be built will require planning permission.

The following details are for general guidance only, and are general requirements for all areas within England and Wales. Please consult your relevant local authority for any specific requirements for the property concerned.

Builders/developers permission:On some new housing builds, the developers sometimes insert a clause in the deeds or create covenants requiring “their permission” to extend the original house. This permitted development rights (PD rights) usually has a fixed time limit (may run to several years) after which the “PD Rights” may be withdrawn or expire and control goes back to the local authority where formal planning consent may be required. This should be checked by you if this situation is the case. In some cases a  fee may be charged by the developer for him to issue your “permission”. The fee should cover their reasonable administration costs of doing this letter to you. There are instances whereby some developers have asked for quite large sums.

Definition of a conservatory:A conservatory is defined as "a building that has not less than seventy five percent of its roof area made of translucent material (e.g. glass or polycarbonate), and not less than fifty percent of its total wall area made of glass or translucent material."

Planning permission:This is the process and ultimate decision as to whether or not you can build a particular structure in a particular place, and it is concerned with the visual impact and size of the structure for example. It is not the structural integrity of the construction that is assessed.

Under new regulations that came into effect from 1 October 2008 adding a conservatory to your home is considered to be permitted development, not needing an application for planning permission, subject to the following limits and conditions:

 

• No more than half the area of land around the "original house"* would be covered by additions or other buildings.
• No extension forward of the principal elevation or side elevation fronting a highway.
• No extension to be higher than the highest part of the roof.
• Maximum depth of a single-storey rear extension of three metres for an attached house and four metres for a   detached house.
• Maximum height of a single-storey rear extension of four metres.
• Maximum depth of a rear extension of more than one storey of three metres including ground floor.
• Maximum eaves height of an extension within two metres of the boundary of three metres.
• Maximum eaves and ridge height of extension no higher than existing house.
• Side extensions to be single storey with maximum height of four metres and width no more than half that of the    original house.
• Roof pitch of extensions higher than one storey to match existing house.
• No verandas, balconies or raised platforms.
• On designated land* no permitted development for rear extensions of more than one storey; no cladding of the       exterior; no side extensions.

 

Where work is proposed to a listed building, listed building consent may be required.

 

* The term "original house" means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.

 

* Designated land includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites.

 

General Notes:

Even if you do not require formal planning permission, you can apply for a “certificate of lawful development”. This is issued again by the planning department at your local authority. It is a document which you can usefully produce if you come to sell your house in the future. It demonstrates that you have checked and indeed you didn’t need planning permission. Otherwise your buyer and his conveyance solicitor has to take your word for it! Obviously, the matter can be reviewed retrospectively at the time and depending on your buyer’s insistencies on having the i’s dotted and t’s crossed– it may slow the house sale down.

Please note that it is you, the house owner who is responsible for these matters. You cannot rely on ignorance or the fact that “so and so told me it was ok.” whether “so and so” was/is the builder or the conservatory salesman!

If in doubt – ask your local planning officer for help. They are generally very helpful and will give out good advice.

You can explore more on planning and building regulations by clicking on the following link ~

Communities and Local Government website

Building Regulations for Conservatories

In general terms, a domestic conservatory is exempt under UK building regulations. Listed below however are some of the exemptions requirements under building regulations 1991 (as amendments). This check list MUST be met for a conservatory to be classified as “exempt”.

1. The conservatory building must have a transparent or translucent roof.

2. At least half of the wall area and at least 75% of the roof area must be glazing or translucent material. The conservatory floor area should not exceed 30m².

4. The conservatory must be constructed at ground level.

5. The conservatory is to be separated from the house or property by means of a physical barrier (this normally means you don’t breach the existing house wall such as taking out windows and doors to form an open archway). Doors forming the barrier should be external grade quality (therefore putting standard internal doors in the opening wont comply).  

6. The glazing satisfies the Building Regulations part N. schedule I (using toughened/safety glass).

7. You should use an electrical installer who is registered with a competent person scheme to seek approval from a Building Control body. This is true for most work. However, you do not need to tell them about repairs, replacements and maintenance work or extra power points or lighting points or other alterations to existing circuits (except in a kitchen or bathroom, or outdoors).

The Party Wall Act 1996

The “Party Wall Act 1996” came into force in 1997 and gives you rights and responsibilities whichever the side of the 'wall' you are on i.e. whether you are planning/doing work on a relevant structure or if your neighbour is.

The reason we include the details here is that in respect of building conservatories/orangeries, boundary or garden walls for example are encompassed in its rules or guidelines. Additionally for example, your neighbour may well have an existing extension built or a conservatory end wall which comes right up to yours/his boundary and so you could take advantage of that (and save a lot of money) by building your project to utilise this “existing” wall structure. There are advantages for you both too in that the insulation properties would be greater and there’s no exterior walls to maintain now. Aesthetically, it will probably all look better too and avoid a “dead gap” between what would otherwise be two independent end walls which are just inches apart and allowing rainwater and muck to fall between them et alone dead birds et al!

The Party Wall Act does not affect any requirement for Planning Permission or Building Regulation Approval for any work undertaken. Likewise, having Planning Permission and/or Building Regulation Approval does not negate the requirements under the Party Wall Act.

The Party Wall Act comes into effect if someone is planning to do work on a relevant structure. For the purposes of the Act 'party wall' does not just mean the wall between two semi-detached properties, it covers:

· A wall forming part of only one building but which is on the boundary line between two (or more) properties.

· A wall which is common to two (or more) properties, this includes where someone built a wall and a neighbour subsequent built something butting up to it.

· A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties but is not part of any building.

· Floors and ceilings of flats etc.

· Excavation near to a neighbouring property.

As with all work affecting neighbours, it is always better to reach a friendly agreement rather than resort to any law. Even where the work requires a notice to be served, it is better to informally discuss the intended work, consider the neighbours comments, and amend your plans (if appropriate) before serving the notice.

What work can be done without notice/permission.

Under the Party Wall Act some work is not covered. Such work includes:

· Putting up shelves and wall units.

· Replastering.

· Electrical rewiring.

What work needs a notice and permission?

The general principle of the Party Wall Act is that all work which might have an effect upon the structural strength or support function of the party wall or might cause damage to the neighbouring side of the wall must be notified. If in doubt, advice should be sought from a local Building Control Office or professional surveyor/architect.

Work covered by the Party Wall Act includes:

· To demolish and/or rebuild a party wall (don’t forget garden or boundary walls).

· To increase the height or thickness of a party wall (again garden walls).

· Insertion of a damp proof coarse (either chemical injection or a physical dpc).

· Cutting into the party wall to take load bearing beams.

· Underpinning a party wall.

· Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.

· Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45° downwards from the bottom of the foundations of the neighbouring building.

What is required in the notice?

If the planned work to an existing structure falls under the Party Wall Act, a notice must be issued to all affected neighbouring parties. The notice must include:

~ details of the owners of the property undertaking the work.

· The address of the property.

· The names of all the owners of the adjoining property.

· A description of the proposed work, usually a single line giving a brief description.

· The proposed start date for the work.

· A clear statement that the notice is being served under The Party Wall Act 1996.

· The date the notice is being served.

· If the notice is for excavation work, then a drawing showing the position and depth of the excavation must be included.

The process of serving a notice under the Party Wall Act is as follows:

· The person intending to carryout the work must serve a written notice on the owners of the adjoining property at least two months before the intended start of the work to every neighbouring party giving details of the work to be carried out.

· Each neighbouring party should respond in writing giving consent or registering dissent - if a neighbouring party does nothing within 14 days of receiving the notice, the effect is to put the notice into dispute.

· No work may commence until all neighbouring parties have agreed in writing to the notice (or a subsequent revised and re-issued notice).

If any of the information is missing from a served noticed, it will be invalid in which case, any subsequent award will also be invalid.

New boundary walls

If the planned work is a new boundary wall up to or astride the boundary line, the process is similar to the above but the notice needs to be served at least one month before the planned start date of the work. Neighbouring parties must give written agreement within 14 days for walls astride the boundary (or a dispute is deemed to have occurred), however no formal agreement is needed for a wall up to the boundary line, the neighbour just needs not to object in writing.

Excavations

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month before the planned start day of the work. Neighbouring parties must give written agreement within 14 days or a dispute is deemed to have occurred.

What happens in the event of a dispute/objection  

If agreement cannot be reached between neighbouring parties, the process is as follows:

· A Surveyor or Surveyors is/are appointed to determine a fair and impartial Award, either:

o You appoint an 'Agreed Surveyor' (that is “someone acceptable to all parties”).
or

o Each party appoints their own Surveyor to represent their own stance.

The first option should be cheaper as the costs should be reduced - the Surveyor (or Surveyors) will decide who pays the fees - usually it will be the party undertaking the work; the exception being where the owner of the adjoining property calls on the Surveyor unnecessarily. It should be noted that any Surveyor(s) must act within their statutory responsibilities and propose a fair and impartial Award.

· The Agreed Surveyor, or the individual Surveyors jointly, will produce an Award which must be fair and impartial to all parties.

· Once an Award has been made, all parties have 14 days to appeal to a County Court against the Award.

Once you have agreement

Once you have agreement, all work must comply with the notice. All the agreements should be retained to ensure that a record of the granted permission is kept; a subsequent purchaser of the property may wish to establish that the work was carried out in accordance with the Party Wall Act requirements.

Remember:

· We've only given a brief outline of the Party Wall Act here but you can find out more or obtain a booklet HERE

· Discussing intended work with neighbours is free and can avoid misunderstanding which might arise if a notice arrives unexpectedly.

· Your local authority’s Building Control Office may be able to give free advice regarding the Party Wall Act and how it applies to your particular circumstances.