Gardner Leader

Legal Considerations When Improving Your Property

Robert Parsonson, Property Solicitor at Gardner Leader Solicitors, was delighted to be asked by Jones Robinson to deliver a seminar at their Talking Property Exhibition on 1st and 2nd February 2008, at the Corn Exchange in Newbury.  One of the issues he is always keen to stress to his clients is for them to 'get the paperwork right' when they alter or improve their property. Robert highlights the potential pitfalls below.

In today’s market more people are turning their attention away from moving home to making the most of the home they currently occupy.  This can be anything from decorating a room to adding an extension or conservatory.  When starting any works that cause a structural change to a property, you must consider:

a) Planning permission
b) Building Regulation Approval
c) Restrictive covenants in your legal title. 

Most homeowners are aware in rather vague terms of the need for planning permission to undertake alterations to their property; however, before undertaking any works to your property you should check with your Local Authority as to whether your plans will require permission.  Today this is relatively easy as most Local Authorities have a website that contains planning guidance.  Examples of works needing planning permission are:

• Any development of a listed building
• A building in a conservation area, or that increases the volume of the original property by more than 15% or 70 cubic metres (note this is from the original size of the property, which is important if the property has already been extended once.)  
• A loft conversion, especially if it includes a dormer window or roof extension.

Building Regulations are primarily intended to ensure the health, safety, welfare and convenience of people using or coming into contact with a building.  Most domestic building projects will require Building Regulation Approval, and again guidance can be obtained from the Local Authority along with the application forms.  Examples of works that commonly need approval are: an extension to an existing house, such as a new bedroom, enlarged kitchen or living room, any internal alterations to remove a load-bearing wall to combine two or more rooms into one, or the conversion of a loft into a habitable room.

The legal title of most properties in England and Wales will contain restrictive covenants that legally “restrict” some aspect of the owner’s use of the property.  One of the most commonly found covenants is one that restricts in some way either alterations to the structure or exterior of the property.  Before beginning any works, you should check your legal title to see if the works you plan are restricted by a covenant.

If such a covenant exists, ask your solicitor to assist in interpreting the wording of the covenant and whether it is possible for permission under the covenant to be obtained, or whether there is the possibility that the covenant may not apply.  Typically extension works will require the consent of the original developer or local authority who first sold the land.

The reason for the need to investigate these three areas is simple - carrying out any works without the appropriate permission or permissions mentioned above will create a defect in your legal title should the permission, approval or consent have been needed. 

This will cause you an immediate serious problem if the council take enforcement action.  According to their website, West Berkshire Council handles between 600 and 800 enforcement enquiries a year of which around 30 reach the formal action stage, and two or three the direct action stage.  Enforcement action will most commonly result in you paying a fine or for alterations to the works.  However, West Berkshire Council demonstrated in 2006 that it can result in the works being demolished when the Council obtained an enforcement notice to demolish a seven bedroom, seven bathroom, house with a garage in Enbourne that did not have the correct planning permission.  

Even if no enforcement action is taken by the council, any defect will likely be discovered when you come to sell your property resulting in delay and/or increased cost during the sale of your property.

Therefore in conclusion, before embarking on any home improvements, identify whether you need planning permission, building regulation approval or consent under a covenant and, while this may involve an initial cost, it will save money, time and stress later on when all you want to do is enjoy the labours of your work.

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