Planning Permission

The Do’s and Don’ts.

Planning can be a complex area but, at its simplest, you probably need planning permission if you carry out any development. Funnily enough, development also includes demolition, so if you demolish your semi-detached house to build a larger one, you would be in trouble with the planners unless they give you permission.

Common sense prevails. You need no permission if you demolish a rickety shed or glasshouse at the end of your garden. If you own a detached house, set back from the road, you can go ahead and happily demolish it unless of course it happens to be a protected structure.

It seems odd to mention but there is a difference between the front and the rear of any house. You can alter or extend the back of any house without planning permission. However, your new build area must not exceed 40 ft.² This is a more spacious area than you might think.  It is good manners to let your neighbour know what you plan to do with your extension. Reducing your neighbour’s light is not a good idea and, above all, do not build overlooking their patio/garden as the planners will generally not allow this.

 The planners are more demanding about the front of the dwelling as this can be seen by all the nearby owners.  A porch is no problem but anything that radically changes the front elevation (front of house) would require planning permission and checking first with an architect is essential.

You might already have water, lighting and windows in your garage but adding in a cooker and a bed will not fly and requires planning.

A modest kitchen extension which upgrades your home and your BER rating will not require permission.  However, and this is often overlooked, it will certainly need to be constructed in accordance with the up-to-date building control regulations which also include fire safety.

 You should ask your architect to check the building work and sign off on the new work by issuing you with an Opinion of Compliance with the Building Control Regs.

Your bank may look for this document but a purchaser down the line most certainly will as it is legal evidence that the extension/renovation was constructed properly.

To summarise:

1. No permission required. You will need your architect to certify no permission was required and the works carried out were exempt from planning and were in substantial compliance with all the Building Regs. 
2. Planning permission was required and obtained. You still need your architect to certify that planning was obtained, refers to the works carried out and that all of the conditions attached to the planning permission, (and there are always conditions) have been fully complied with.
3. Remember, if one small condition in the planning permission has not been complied with, this will invalidate your permission. Keep on good terms with your architect; you will need them!

If a person requires legal assistance on a property sale/purchase matter from Property Solicitors, we can be contacted on  (052) 612 1999 or (01) 546 1121.