publication date: Sep 2, 2013
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author/source: Kate Faulkner, Property Expert and Author of Which? Property Books
Planning Top Tips
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"It's really important to make sure you follow the planning regulations and don't fall foul of the law"
advisers Jay Hubbard from English Brothers
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Follow the tips below from English Brothers to make sure you get it right!
- Planning Permission is vital!
You can’t start without it – your Local Authority will issue an enforcement notice forcing you to stop if you don't have permission and they can make you stop! There have been many cases where people's homes have been bulldozed because they didn't get the right planning permission before they started. Jay's view is that anyone who tries to get away without the correct planning permission must be mad!
- Building Regulations – just as vital!
You don't always need planning permission for some schemes - such as an extension but building regulations approval is usually necessary. Regulations are regulations – in order for the building to become lawful, you must meet or exceed them, the Local Authority can stop the build if requirements are not met. Building Regulations cover structural integrity, fire safety, heating systems, disabled access, noise, insulation etc.
- Don’t go it alone - get professional advice
Jay doesn't recommend having a go at it yourself unless you know what you’re doing as planning can be a minefield. Seek advice from a local agent or architect as they will have detailed knowledge of the intricacies involved with planning applications in your area.
- The plot nearly always determines the design
If you’ve already started looking at the type of home you would like to build Jay's advice is always look for a plot first and then consider the type of property you think will realistically obtain planning approval.
- Learn the Rules of the Game
Planning decisions are based upon planning policy which can be downloaded, but they might not make much sense to you! They will to a planning professional though, which is another reason to get help when it comes to planning.
- Love Thy Neighbour
Try to keep neighbours on your side as they will be given the opportunity to object to your application. If you’ve just bought the plot, pay them a visit to introduce yourselves and discuss your plans to help put their minds at ease. Try to see it from their point of view – for years they had an unspoilt view and suddenly they have to come to terms with looking at a brand new building instead. Not ideal from their perspective and you need to take into account there's going to be three to nine months of noise and dust during the building process.The Party Wall Act can also be complicated and has to be considered as some new builds and extensions will be subject to it and complying with this is a legal requirement. This is separate from the planning process and Building Regulations have nothing whatsoever to do with the Act, so just because you have planning permission it doesn’t mean you can get started.
- Keep the chainsaw in the garage!
If a tree is protected by a TPO, (Tree Preservation Order) you will need permission from your Local Authority before you can do anything to it.Most trees within a Conservation Area are likely to be protected by TPO’s, but a TPO can apply anywhere. If in doubt, contact the Tree Officer at your Local Authority.
- Do Your Research!
visiting English Brothers Website is a good start. There’s so much to take in, and they can help, so feel free to call and discuss your project.The more research you do, the better. Never take anyone’s word for it – always get a second opinion. Seek recommendations for companies to work with, speak to others who have built their own home, and above all, enjoy yourself in the process of building your dream home.
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