Frequently Asked Questions

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If you are looking to newly build,change the use of your land or building, or for a house extension this means you will need planning permission. A Planning Application includes details of your proposal which is then sent to the Local Planning Authority. LPAs will need to check you application and grant it so that you may start works. Quite simply, it is a way that your local council can check that the proposed development is designed with sensitivity to local guidelines and is suited to the relevant site, street, and area. If we did not have this system in place, we could find buildings that have no uniformity in their designs, form or function. This way, the United Kingdom which is rich in heritage can keep your home as part of it’s identity whilst allowing you to make exciting and necessary changes.

Local Planning Authorities are generally the local council borough and these LPAs will have guidelines and links to explain what are within your rights to make changes to your property. They are usually receptive to pre-applications, but since three years ago, most of the London Boroughs have adopted a fee for their pre-application advise. A good thing to know, no matter if you are doing a small single storey rear extension, a loft converson or a large new build – most LPAs take approximately 6 to 8 weeks to make a decision on your project.

Single-Storey Rear Extensions: The good news is, if you live in a terrced or semi-detached house in 2020, Local Planning Authorities have relaxed the rules and allow for extensions to go to 6 meters . If you live in a detahced house, single storey rear extensions can be up to 8 meters in depth. Just be aware that if your property type is a flat, maisonette or in a conservation area, then you will need full planning permission.

Side Extensions: Side extensions fall under permitted developent if they do not extend more than half the width of the original house. You can extend a maximum of 3 meters as long as it is a single storey extension and does not extend pas the front elevation.

Double-Storey Extension: As of October 2019, new rules are being phased in which will allow homeowners to build extensions onto detached homes without requiring planning permission, under the usual rules of permitted development. This will make adding a two-storey extension to your home no more complicated than having a loft conversion. This doesn’t mean that there is no paperwork involved in undertaking a two-storey extension, but it will make obtaining permission for the extension much simpler.

Loft Extensions: Roof extensions/should be set back, as far as reasonably feasible by at least 20cm from the eaves, unless it is a hip or gable roof (measure the 20cm along the plane of the roof). The roof extension should not hang over the wall of the house.To be a Permitted Development any additional roof space created must not exceed these volume allowances: 40m3 on terraced or emi-detached houses, 50m3 on detached houses

If you believe that your property falls under permitted development, the best way to ensure a positive result is to consult the advice of local Architects or Architectural Technologists to ensure that your extension follows these rules which are applicable to all extensions:

1. Materials should match the existing house
2. No raised platforms, balconies, or terraces
3. Single storey extensions should not be more than 3 meters high
4. Must not be taller than the existing building
5. The extension should not take more than 50% of garden space

Permitted Development Rights are a set of policies which allow homeowners greater freedom to add value to their home whether it’s increasing your property price or simply to add floor space. By acting upon these rights you can extend your property to a certain degree, without the need for Full Planning Permission, which can be a more expensive and time-consuming process, as long as you comply with relevant rules.

This generally applies to the single-storey side or rear extensions, loft conversions, front porches, double storey extensions, outbuildings, solar panels, skylights of dormer windows and new windows or doors. However, even Permitted Development has its restrictions and does not cover double-storey extensions, larger loft conversions, flats or properties in conservation areas. Regardless, even if you meet all the requirements for Permitted Development, you will still need to submit a prior approval application to the council which they will need to check, and approve.

Building Regulation drawings and control are very important because they insure the safety of people in buildings. Building approval means that your building complies with the national set of standards to protect people’s health and safety in and around buildings. Some examples of what building regulations include are structural calculations, fire-safety, insulation, damp-proofing, foundations, heating, ventilation and accessibilty. Once you have received planning permission, building regulation drawings will have to then be submitted and approved before you can start construction. Just remember, cow-boy builders are always risky business and Local authorities have power under the Building Act 1984 to enforce non-compliant building work altered or removed. 

There are many factors that will affect whether or not you need to apply for planning permission or affect your chances of gaining planning approval.

• Your Neighbours: Advising neighbours prior to planning application, as they are likely to be concerned about the proposal and the work it will entail, changes which may affect directly and indirectly to their property and standard of living.
• Design: There is no right and wrong in design. Nevertheless, a well-designed building or extension is likely to be much more attractive to you and to your neighbours. More attractiveness, the higher the value of your property.
• Nature and Wildlife: the proposal may have an effect on the local surrounds and wildlife. This factor will be studied and considered by your local council.
• Environment and Health: Covers the health and safety aspects of people living and working in your area.
• Trees: Trees protected by tree preservation orders mean that  planning permission is a must. We can help you check if your tree has a preservation order with a quick phone call.
• Hedges: You do not normally need permission to plant a hedge in your garden, no restriction on how high the hedge can grow, but maintenance and responsibility if the hedge becomes a nuisance is with the owner.
• Fencing: Walls and gates – You would need to apply for planning permission if you wish to erect/add to a fence, wall or gate. This again reiterates the point that  changes of the streetscape means planning approval is needed
• Conservation Area: Full planning permission if any external amendments are required. There are many types of different Conservation orders, knowing these orders will help you win the application or the appeal process.
• Listed Building: Full planning permission if any external amendments are required. There are different grades of listed buildings. Usually with thoughtful designs, the obstacles of listed buildings can be overcome.
• Adverts and signs: You will need to apply for planning permission of the advertisement is bigger than 0.3 square metres, and also a must if the advert is for a non residential use.

There are 9 types of planning applications local authorities recognise:

•  Outline Application
•  Approval of Reserved Matters
•  Full Application
•  Approval of Details
•  Listed Building Consent
•  Conservation Area Consent
•  Advertisement Consent
•  Certificate of Lawful Use or Development
•  Works to Trees

If work has been completed without prior planning approval, the local authority may ask you to make a retrospective application.

You can find out from the ‘Do I need planning permission’ page if the work that has been completed falls within the categories where planning permission is required, for you to access whether a retrospective application is needed or not.

Although planning permission is essential many start their project early for a number of reasons and it a common occurrence. It may be due to materials arriving early, contracts with labourers signed or you simply wasn’t aware whether or not you needed planning permission.

Upon reviewing retrospective applications the council will look at the follow factors:

• The size of your project and whether or not it involves a loss of privacy between you and your neighbours
• Potential noise and/or traffic pollution.
• Parking issues
• Loss of disabled access at street level.
• Whether or not the project constitutes a violation of conservation and/or listed building guidelines.
• Whether the aesthetic design and exterior appearance blends neatly with the local environment (including what kind of materials you use).
• The duration of the project (including an overall timeline).

If your project falls within the retrospective development criteria, you will need to apply for retrospective planning consent. This constitutes of a full planning application which requires complete drawings and other information depending on the type and location of the development.

This application can be made much the same way as normal planning application and submitted via the planning portal or directly to your local authority.

Permitted Development Rights are a set of policies which allow homeowners greater freedom in enlarging their home, granting pre-approved permission. By acting upon these rights you can extend your property to a certain degree, greater than the norm, without the need for Full Planning Permission, which can be a more expensive and time-consuming process, as long as you comply with relevant rules.

This generally applies to the single-storey side or rear extensions, loft conversions, front porches, double storey extensions, outbuildings, solar panels, skylights of dormer windows and new windows or doors. However, even Permitted Development has its restrictions and does not cover double-storey extensions, larger loft conversions, flats or most properties in conservation areas.

The amount of work you can do with your PD Rights varies according to several considerations such as location and how much other development has taken place on the site since1948, even if it was done by a previous owner.

• SINGLE STOREY SIDE OR REAR EXTENSIONS
• LOFT CONVERSIONS
• FRONT PORCHES
• DOUBLE STOREY EXTENSIONS
• OUTBUILDINGS
• SOLAR PANELS
• SKYLIGHTS OR DORMER WINDOWS
• NEW WINDOWS OR DOORS

In summary PD Rules are a good thing because you may not need to do a full planning application. Currently your extendable space is greater than before 2008. Applications under PD still have to go to the council, although the requirements are less stringent than with full planning. With full planning you need professional architectural plans, sections and elevations, whereas with some planning departments a letter and hand-drawing can suffice. That said, your approval will more sure if you include architectural drawings and calculations, which we can help with.

For conditions and more information, see Detailed Guide Below.

This handy document essentially proves your project was legal at the point of construction and is a useful way of getting your local planning department to review your designs. What’s more, you’ll find many potential buyers requesting some documentation regarding any improvements you’ve made, so they can ensure they won’t inherit any legal problems. 

Lawful development certificates are particularly useful when it comes to using your permitted development rights.

Permitted development rights are a government scheme that entitles some homeowners to expand their home without the need for planning permission. However, certain conditions around the extension / conversion must be met in order to qualify.

These include…

• The size of the project
• Height of the extension
• What property type you’re modifying
• Existing alterations in place
• How much land is available
• To name just a few!

Learn more about using your permitted development rights below. 

If you decide to use your permitted development rights, but start construction without a lawful development certificate, you put your home at risk and will likely need to obtain one anyway.

Many future buyers will be wary of purchasing an extended property if there’s no proof the build was legal. This is because, if your extension gets found to be a faction too big, your loft design a little outside the guidelines, you can face not only some hefty fines, but can even be made to demolish the work. Naturally, these penalties won’t be something another homeowner will want to risk.

Lawful development certificates can be obtained in retrospect. However, you’ll need to pay twice the application fee. And as we said, if getting a certificate post- construction, and your build falls outside of your permitted development rights, you might face some pretty scary consequences.

What’s more, planning policies change. What might be included in permitted development today, might not be in 15 years. This is why you need proof that, at the time, what you did was considered legal.

To give yourself and future buyers peace of mind, it's well worth putting the time and money into getting a lawful development certificate.

Applying for a lawful development certificate is a lot like applying for planning permission - only with less rejection stress.

You’ll need…

• An application form
• Evidence verifying the information within the application.
• This would include architectural plans and elevations
• A site location plan
• A fee

It also doesn’t hurt to have an architect or architectural technologist by your side to help with the application process.

Lawful development applications come with the following fees…

• £103 in England
• £85 in Wales
• £101 in Scotland

Fees are typically half the cost of full planning permission. However, if you've already gone through construction and are obtaining a certificate retrospectively, you'll need to pay double the fees listed above.

If your application is rejected, or takes longer than 8 weeks to reach a decision, you can make an appeal.

Only the person who applied for the certificate can make the appeal, and if relating to a listed building, the appeal must be made within 6 months of the decision.

Appeals are often lengthy processes, and unless a genuine error has been made, it might be easier (and more cost effective) to simply have an architect or an architectural technologist to look over your drawings to make alterations.

Want to ensure your project has the best chance for first time approval? Book a free consultation with our team for a complimentary assessment of your project.

A lot of the time, the reason an application gets rejected can be narrowed down to one factor. Here are some of the most common:

• Your build overlooks other homes, causing a loss of privacy
• Your build overshadows a neighbour, causing loss of light
• Your build’s appearance is out of character with the existing property
• Environmental concerns

Sometimes, your chances of rejection are even based on the affluence of your local area.

If your application has been refused, there are few routes you can go down…

• Submit another application, free of charge, within 12 months of refusal, with appropriate design changes.
• If you think the council has unfairly refused your plans, you can appeal to the Secretary of State.
• Likewise, if the council has taken over 8 weeks to respond to your application, you can put forward an appeal.

In most cases, the best course to follow is simply submitting another application. Putting forward an appeal can take months, and is often very costly. Not to mention, there’s no guarantee after all that waiting and money anything will come of it.

More often than not, there will be a specific reason as to why your planning application was refused - examples of which are listed above.

This is where having an architect or an architectural technologist by your side comes in handy, as they can find a reason for refusal from the planning officer and work out how to modify your plans in order to ensure this does not happen again. While even then approval is not guaranteed, with your amended plans and elevations the likelihood for further refusal can be reduced.

Your architect or architectural technologist can also alert you to any further additional costs that may arise, and can help with your next steps, once planning has been secured.

If you’re struggling with your planning application, why not speak to an architectural technologist? Book in a free consultation call with one of our expert advisers today.

• Sits to the rear of the house (not the front)
• Must not extend beyond the rear wall of the existing house by 3m if an attached house or 4m if detached
• Uses similar building materials to the existing house
• Takes up less than 50% of the size of the land around the original house ("original" being the latest of when the property was built or if it was built before 1948, then as it stood on 1st July 1948)
• Is less than 4m in height (or less than 3m if within 2m of a property boundary)
• Has eaves and a ridge that are no taller than the existing house

• Sits to the side (as long as this will not face a highway) of the house (not the front)
• Uses similar building materials to the existing house
• Takes up less than 50% of the size of the land around the original house ("original" being the latest of when the property was built or if it was built before 1948, then as it stood on 1st July 1948)
• Takes up less than 50% of the width of the original house
• Is less than 4m in height (or less than 3m if within 2m of a property boundary)
• Has eaves and a ridge that are no taller than the existing house

When combining a side and rear extension to form a ‘wraparound’, the permitted development restrictions will be judged against the criteria for both extensions individually, making it unlikely for the project to fall under your permitted development rights. For instance, side extensions are only permitted development where they are less than half the width of the original dwelling, but when combining a side and rear extension in this manner, it will likely exceed half the width of the original.

While you may be able to create a small side and rear extension within your permitted development rights, the space a full wraparound demands, plus the structural work involved, make it an unlikely candidate for the permitted development route.

To find out what planning options you likely have for a wraparound project, you can book a free consultation here.

• No windows in wall/roof slope of side elevation in additional storeys
• Takes up less than 50% of the width of the original house
• Takes up less than 50% of the size of the land around the original house ("original" being the latest of when the property was built or if it was built before 1948, then as it stood on 1st July 1948)
• Uses similar building materials to the existing house
• Has eaves and a ridge that are no taller than the existing house
• Terraces to be no more than 3.5m higher than the next tallest terrace.

Single storey homes are excluded.

• Works are internal
• Uses similar building materials to the existing house
• Does not enlarge the building

You may also need planning permission if you’re changing a detached garage into a living space - such as a bedroom, living room, or small annexe.

• A volume allowance of 50 cubic metres additional roof space for detached and semi-detached houses
• Uses similar building materials to the existing house
• The development must not include a window in any wall or roof slope forming a side elevation of the dwelling house
• The roof pitch of the principal part of the dwelling must be the same as the roof pitch of the existing house
• A dormer wall that is set back at least 20cm from the existing wall face
• Has windows that are non-opening if less than 1.7m from the floor level
• Has side windows that are obscured/frosted

• No windows in wall/roof slope of side elevation in additional storeys
• On existing multi-storey properties, you can add up to two additional storeys on the topmost storey of a detached house of two storeys or more. (Existing accommodation in the roof space of the existing house, including a loft extension, is not considered as a storey)
• Maximum height limit for the newly extended house is 18 metres
• Terraces to be no more than 3.5m higher than the next tallest terrace

Please note: there are many variables which depend on whether you’re building above a residential space or a commercial / mixed-use property. The type of your property will also affect your options, as will your intentions for the space (do you want it to become a new dwelling in its own right?).

With this project, we do highly recommend you talk to an expert to get a proper understanding of your planning rights. Book a consultation here.

It can be easy to think when you hear ‘no need for full planning’ that you can breeze on through to the construction stage. In fact, one of the risks facing homeowners is that some contractors might even suggest just this.

However, should your designs fail to meet the above requirements, your project could be subject to hefty fines and even demolition. What’s more, there are other requirements a project needs to cover, such as…

• UK building regulations
• Party wall matters
• Build over agreements
• Right to light

And much more!