Legal considerations when advising on home extension projects

Annie Button has written an article that discusses legal considerations when advising on home extension projects.

The combination of the current housing shortage and political uncertainty means that many people look to extend their current home instead of moving. Since house prices have risen over the past few years, and may continue in this direction following the election, there’s a likelihood that many people won’t be able to afford larger properties.

While permitted developments make it easier to extend a property without planning permission, there are rules to consider in order to qualify. In this guide, we’ll look at the legal considerations related to property extensions and how they might affect clients.

Legalities to consider before starting an extension

Permitted development and planning permission:

Planning permission is a crucial legal consideration when extending a home. While many smaller extensions may fall under permitted development rights, allowing homeowners to proceed without formal planning permission for smaller updates like upgrading a garage door or refitting a bathroom suite, it’s essential to verify the specific criteria and limitations. These rights can vary depending on factors such as the property’s location, previous extensions, and the proposed changes.

In cases where the extension exceeds permitted development limits or affects protected areas, full planning permission from the local authority becomes necessary. It’s important to note that local authorities may have additional regulations or restrictions beyond national guidelines, particularly in conservation areas or for listed buildings.

Solicitors should advise clients to thoroughly research local planning policies and consult with the planning department early in the process. Failure to obtain necessary permissions can result in enforcement action, including potential demolition orders.

Party wall agreements:

Party Wall Agreements are governed by the Party Wall etc. Act 1996, which provides a framework for preventing and resolving disputes between neighbours regarding party walls, boundary walls, and excavations near neighbouring buildings. When planning an extension that involves work on or near a party wall, homeowners are legally required to serve a formal notice to adjoining owners at least two months before the intended start of work.

Solicitors and conveyancers need to advise clients on the importance of following this process meticulously, as failure to do so can result in legal action from neighbours and potentially halt construction. While the process can seem complex for homeowners, it ultimately serves to protect all parties involved and maintain good neighbourly relations during what can be a disruptive period.

Building regulations:

Building Regulations are distinct from planning permission, ensuring that the proposed extension meets essential safety, energy efficiency, and structural standards. Unlike planning permission, which focuses on the extension’s appearance and impact on the surrounding area, Building Regulations deal with the technical aspects of construction. Homeowners must submit detailed plans and specifications to a building control body, which can be either the local authority or an approved private sector inspector.

The approval process typically involves initial plan checks followed by on-site inspections at key stages of construction. Property professionals should emphasise to clients that work can’t commence without Building Regulations approval, as this can lead to enforcement action and potentially costly remedial work.

Furthermore, non-compliance can cause issues when selling the property in the future, as buyers’ solicitors will typically request evidence of Building Regulations approval for any extensions or significant alterations. In some cases, regularisation certificates can be obtained for work completed without prior approval, but this process is often more complex and expensive than obtaining approval from the outset.

Environmental considerations:

Environmental considerations play a significant role in the legal landscape of home extensions, often intersecting with planning and building regulations. Tree Preservation Orders (TPOs) are a prime example, protecting specific trees or woodland areas from damage or removal. If a protected tree is near the proposed extension, it may necessitate alterations to the plans or special construction methods to avoid root damage.

Similarly, regulations protecting certain species of wildlife, such as bats or great crested newts, can impact extension projects. If protected species are present, ecological surveys and mitigation measures may be required before work can commence. Flood risk is another critical factor, particularly in areas prone to flooding. Local planning authorities may require a flood risk assessment for extensions in high-risk zones, potentially leading to design modifications or additional flood resilience measures.

Additionally, in areas of natural beauty or scientific interest, there may be stricter controls on development. Professionals should also be aware of potential contaminated land issues, especially in former industrial areas, which might require remediation before construction can begin. Navigating these environmental considerations requires a thorough understanding of local and national regulations, and often necessitates collaboration with environmental specialists to ensure compliance and mitigate risks.

Restrictive covenants:

Restrictive covenants are private agreements that can significantly impact a homeowner’s ability to extend their property. For solicitors and property professionals, it’s crucial to thoroughly investigate the existence and nature of any restrictive covenants early in the extension planning process. Covenants may prohibit specific types of extensions, limit building heights, or restrict the use of certain materials. In some cases, they might even outright forbid any structural alterations without prior consent from the covenant holder.

If a restrictive covenant is in place, it may be necessary to seek a modification or discharge of the covenant through negotiation with the beneficiary. If clients proceed with an extension in breach of a covenant they face significant risks, including potential legal action, injunctions to halt construction, or orders to demolish completed work. Therefore, it’s essential for professionals to carefully assess the implications of any covenants and advise clients on the most appropriate course of action, whether that’s compliance, negotiation for modification, or formal application for discharge.

The current housing market has led many to opt for home extensions over moving, but this choice requires thorough preparation and adherence to various regulations. Property professionals need to communicate clearly with clients early on in the process to ensure they avoid potential legal pitfalls, enforcement actions, and costly remedial work. By carefully considering these factors and offering appropriate guidance to a homeowner you will place them in a strong position to navigate the legalities and compliance elements of a property extension.