What are the legal implications of extending my home?

The current housing crisis means that many people who want or need a larger home may now consider extending their current home as an alternative to moving to a new larger house.

This decision is personal and although you may get opinions from others it is a decision that only you can make.

Planning permission

The size of a property can easily be increased via an extension, but depending on the type and size of the extension you need to consider whether you will need planning permission.

Subtle increases to the living space of current houses, such as small extensions, conservatories and loft conversions, are considered permitted developments. This means that an application for planning permission is not required to complete the work, providing certain limits and conditions are met.

While your contractor will be able to give you advice on these conditions, there are subtle consent variations between local authorities so it is always advisable to seek advice from your local authority.

Building regulation consent

Whether your extension needs planning approval or not, the work will still need to comply with building regulations to ensure that it is safe and to improve energy efficiency. Aspects such as flooring, foundations and ventilation among others will also need to meet the regulation requirements.

Consent from the previous owner

Another important point to consider is whether you need consent from a previous owner. This is usually the original builder or in the case of a former council house, the local authority. Many people think that if the local authority gives planning consent this acts as blanket approval by the authority but this is not the case.  It is vital that you seek specialist legal advice to check the title documentation.

Failure to obtain any required planning permission, building regulation consent or consent from a former owner can have serious consequences, both in the short term and long term.

The local authority may require you to obtain retrospective planning consent or building regulation consent, which may prove expensive, particularly if the foundations are deemed to be inadequate and the extension has to be rebuilt. In extreme circumstances you may be required to take down the extension. The former owner could also notice that you have extended your home and require you to seek retrospective consent.

Selling your home

The extension could also cause problems when you decide to sell your home. The prospective buyers’ solicitors will need to be satisfied that the necessary consents have been obtained and in cases where planning permission was required but not sought, you may need to obtain retrospective consent, which may cause delays in the sale or could even persuade the buyer to withdraw. It may be possible to take out an insurance indemnity policy which may be acceptable to the buyer.

It is therefore essential that before proceeding with your extension, you ensure that building regulation approval is obtained and planning permission and consent from a former owner is gained if required.

For more information on gaining consent to extend your home, or advice on any other property law matter, please contact Andrew Bartlett on 01995 607950