Court Home Extensions – Permissions & Party Wall Agreement

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Permission & Party Wall Agreement

Permitted Developments

Under new regulations that came into effect on 1 October 2008 an extension or addition to your home is considered to be permitted development, not requiring 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.
Two-storey extensions no closer than seven metres to rear boundary.
Roof pitch of extensions higher than one storey to match existing house.
Materials to be similar in appearance to the existing house.
No verandas, balconies or raised platforms.
Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor.
On designated land* no permitted development for rear extensions of more than one storey.
On designated land no cladding of the exterior.
On designated land no side extensions.

If the extension you plan to construct does not meet any of the above conditions then Planning Permission is required.

The rules and regulations defining what is permitted development take in to consideration:

The volume of the proposed building works.
The position in relation to the existing house, boundaries and the highway.
Any previous built development which has been added to the original dwelling.

Building regulations

The Building Regulations are made under powers provided in the Building Act 1984, and apply in England and Wales. The current edition of the regulations is ‘The Building Regulations 2000’ (as amended) and the majority of building projects are required to comply with them. They exist to ensure the health and safety of people in and around all types of buildings (i.e. domestic, commercial and industrial). They also provide for energy conservation, and access to and use of buildings

It is important to understand how the building regulatory system applies to your situation as you are responsible for making sure that the work complies with the regulations if you are carrying out building work personally. If you are employing a builder, the responsibility will usually be theirs - but you should confirm this at the very beginning, we at Court Home Extensions it appointed the works contract take full responsibility. You should also bear in mind that if you are the owner of the building, it is ultimately you who may be served with an enforcement notice if the work does not comply with the regulations.

The following types of project amount to 'Building Work' as defined in Regulation 3 of the Building Regulations:

The erection of an extension on a building
The installation or extension of a service or fitting which is controlled under the regulations
An alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
The insertion of insulation into a cavity wall
The underpinning of the foundations of a building

If you are planning to carry out such work, then it should comply with the Building Regulations.

Building regulations approval is required for all residential & commercial extensions

Party Wall Act 1996

The Party Wall Act 1996 (the Act) came into force on the 1st July 1997. It provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

Under the Act anyone intending to carry out work on or near a party wall must give the adjoining owners written notice of their intentions. Adjoining owners can agree or disagree with what is proposed and where there is a disagreement the Act provides for resolution of disputes.

The Act covers work such as structural alterations to a party wall. This could include the placing of additional loads on the wall from steel beams or timber joists. It also covers excavation works within 3 or 6 meters of a neighbouring building depending on the depth of the proposed foundations. Simple works such a hanging shelves or re-plastering are not covered by the Act.

If you are about to carry out works which will come under the requirements of the act you should first speak to you neighbours. You should then detail your proposals in writing and ask for your neighbour's written consent.

The act is separate from planning or building regulations control. You must remember that reaching agreement with your neighbour under the act does not remove the possible need for planning permission or building regulations approval.

For more information on the Party Wall Act, Building Regulations or Planning Permission, click on one of the images below to download their explanatory booklets in PDF format.

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