Wealden Times | WT233 | October 2021 | Kitchen & Bathroom supplement inside

Advertorial
Home improvements
plan for your next move
The pandemic has seen record numbers
of us undertaking DIY projects or geng
tradesmen in to improve our homes.
Our enthusiasm shows no sign of abang
either, with the waing list for builders
stretching into next year.
This trend is likely to connue, but
always make sure you get any necessary
approvals, or you could run into problems
when you come to sell your property.
Planning permission, do you need it?
Not all alteraons require planning
permission. Generally, you will only need
it if your proposed works constute
development. This has a special meaning
under planning rules. It includes structural
alteraons and the sort of work a builder
would ordinarily do. Non-structural work
to the interior, like repainng the walls
or replacing window frames, does not
normally need permission, although
special rules apply for listed buildings and
conservaon areas.
If your proposed works fall within the
scope of permied development rights,
you will not require permission either.
This excepon covers some of the most
common types of home improvement,
such as small extensions and lo
conversions. However, permied rights
are subject to condions and limitaons
and may not apply in all locaons.
Working out whether you need
planning permission can somemes be
complicated. However, your solicitor,
architect or local authority can help.
If there is sll doubt, we may suggest
applying for a cercate of lawful
development. This would give you peace
of mind that your improvements are
lawful from a planning perspecve.
Not obtaining the appropriate
planning permission can have serious
consequences. The
local planning authority
could require you to
restore your home to its
original condion. Buyers
will also want to see
evidence of compliance
as the planning authority
could proceed against
them, as owner, in the
future.
Building regulaons
Alteraons may need building regulaons
approval, even if they do not need
planning permission. Building regulaons
cover a wide range of work, for example,
the structural integrity of foundaons,
adequate venlaon, and the safety of
any electrical installaons. They ensure
minimum standards for the design and
construcon of buildings. Failure to
comply could result in the local authority
taking enforcement acon, including
requiring you to remedy any defects.
There are two ways to apply for
building regulaons approval: a full
plans submission and a building
noce submission. The former has the
advantage of certainty: you know at the
outset that, if you follow the approved
plans and correct procedure, you will get
a cercate of compliance on compleon
of the works. The building noce route
is more ad hoc and involves staged
inspecons.
In either case, it is important to ensure
the building inspector signs the work off
when nished and you get a cercate of
compleon. Keep this safe, as your buyer
is likely to want to see it.
Restricons in your tle deeds or lease
Your tle deeds or lease may contain
restricons, which limit what you can do.
For example, they may stop you building
on your land without rst geng consent
from a third party.
Failure to comply with a restricon risks
legal acon. For example, if you fail
to obtain the required consent from a
neighbouring landowner for an extension,
the neighbour could seek compensaon
or its removal. If you breach the terms of
your lease, your landlord could seek to
end your lease early.
When you come to sell, your buyers
will want to be sure there have been no
breaches of tle restricons which could
affect them when they become owners of
the property. So, it is important to obtain
any necessary consents and keep them
safe.
What to do when it comes to selling your
home
Give copies of any documents relang
to the alteraons to your solicitor. This
includes any consents, guarantees, or
warranes. This will help answer the
buyer’s pre-contact enquiries promptly
and get your sale off to a good start. If
necessary, we can usually obtain copies
of planning permissions or building
regulaons noces from the local
authority. However, this may slow things
down a lile, especially if they reveal
issues which need further invesgaon.
Somemes if you have not obtained
consent when you should have, you can
apply for planning permission or building
regulaons approval retrospecvely.
In any case, if the works are more than
four years old, the council cannot usually
take enforcement acon over a planning
breach. For building regulaons, the
period is one year. So, your buyer may
agree to overlook a technical breach.
Unfortunately, there remains a small
residual risk of enforcement acon, for
example if the council believes there
is a serious safety risk. If necessary, a
specialist report or suitable insurance
cover may provide addional reassurance
for the buyer and allow your sale to
proceed.
You can also apply retrospecvely for
consent required under tle and lease
restricons, or tle insurance could
provide a quicker, pragmac soluon.
Approaching someone for retrospecve
consent could make the risk uninsurable,
so it is important to discuss your situaon
with us early on. We can then help you
make informed decisions and avoid any
unintenonal consequences.
If you would like further informaon,
please visit www.warners-solicitors.
co.uk or contact them on 01732 770660,
enquiries@warners.law
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have
changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice.