PLANNING CONSENT
the external appearance and use of the building
You need to consider whether your scheme needs planning consent. If the scheme does
need planning consent there are two hurdles to jump.
First the Planning Officer must be persuaded that the
scheme complies with the policies of the Local Authority
as set out in their Development Plan. Secondly the
Planning Committee must be persuaded to accept the
Planning Officer's recommendation - this is a political
decision which can be unreliable. However if negotiations are
conducted effectively it should be possible to avoid an
unnecessary appeal to the Secretary of State. |
BUILDING CONTROL APPROVAL
the proper execution of building works
Even if planning consent is not required, you may be
required to obtain Building Control Approval. This
applies to all structural works and other works effecting
such items as drainage. Consideration should be given as
to how to apply in order to commence work as as soon as
possible. Failure to apply for Building Control Approval
can result in unnecessary remedial work and also affect
the saleability of the property. |
BUILDING CONTRACTS
the contract between you and your builder
Building works are infamous for being late and over budget.
You may be well advised to carry out works under a JCT.
Minor Building Works Agreement attached to a
Specification Of Works. However it is important in all
cases to monitor work at all times. |
LANDLORDS CONSENT
required if you do not own the freehold
If you are not the freeholder you may need to obtain
landlords consent. Failure to obtain planning consent can
result in the tenant being in breach of the terms of the
lease. It can also affect the tenants rights on renewal
of the lease under the provisions of the Landlord &
Tenant Acts. |
PARTY WALL ACT
concerning the rights to build on or close to a boundary
If the works are to be carried out in close proximity to
an Adjoining Owner you may be required to serve Notice
under the Party Wall Act 1996. A surveyor is then appointed to mediate
between the parties. |
EASEMENTS
rights to light, estate covenants
Your neighbour may have rights to light which would be
affected by your building work. There may be estate covenants
restricting development. |
