Section 4 - Obtaining Consents

The following consents may need to be obtained:

1. Building Regulation Approval (an alternative is to deposit a Building Notice).
2. Planning Permission.
3. Listed Building Consent / Conservation Area Consents.
4. Tree Preservation Orders
5. Public Sewer owners consent.
6. Land Drainage Byelaws.
7. Permission from the original developer - check the house deeds to see if there is a restrictive covenant to this effect.
8. Agreement from the Building Society or Bank holding your mortgage.
9. Your obligations under the Party Wall etc. Act 1996 - agreement from your neighbour if your work affects them.

Note:- failure to obtain all the relevant consents may affect the sale or re-mortgaging of your property.

Building Regulation Approval
is required for most work involving structural alterations i.e. re-roofing, loft conversions, converting garages, extensions, electrical works, installation of new sanitary fittings, boilers, etc. Internal alterations such as removing chimney breasts, forming an opening in a load bearing wall or external walls and for replacing existing windows and doors.

If in doubt contact our Building Control team.

Note: For minor works it is possible to deposit a Building Notice whereby plans do not always need to be produced (the Building Control Officer will advise you when a Building Notice is appropriate).

• Click here for Building Control application forms.

With the Building Regulations Full Plans application - a plan fee is payable that covers for the checking of your plan for compliance with the Building Regulations. It is usual for amendments to be made to the plan before an approval is issued.

The three builders who have quoted should be given a copy of the approved plan with any amendments shown for a final quotation, as some of the amendments can seriously alter the cost e.g. the foundations may have to go down deeper because of trees or drains.

If you have committed yourself to a builder before receiving approval you may have no option but to pay substantial additional payments for the extra work caused by the amendments to the deposited plans.

This is a list of common amendments that may lead to substantial extra costs:

1. Trees and hedges within 30m of your extension - make sure your agent (the person preparing the plans) includes all trees significant or otherwise on the drawing.
2. Drains and sewers - make sure your agent accurately plots the drains/sewers and manholes and notes the depths - as these may affect your foundations and the positioning of your extension, as you may not be allowed to build over the sewer or manhole.
3. Existing foundations to be exposed - where building over an existing ground floor extension. The existing foundations will have to be exposed in case the original foundations are inadequate - if so they may need to be underpinned. Ask the builder to quote for a provisional sum to cover this.
4. Existing ground levels - If the ground level adjacent to the extension is higher then the works may need to incorporate retaining structure and additional damp proofing.
   If the adjacent ground level is lower then the proposed foundations may need to be taken deeper and a suspended floor system may need to be used.
5. Existing lintels or beams to be exposed - where you are building over existing structural openings with a first floor extension or a loft conversion - the existing internal or external lintels over windows, doors or a through lounge opening may need to be replaced - again ask for a provisional sum to be included in the estimate.
6. Existing drains under a proposed extension - when exposed these may be found to be leaking or needing replacement - ask for a provisional sum to be included in the estimate.
7. Rainwater drainage - new rainwater from the roof cannot go to the foul system (even if the existing does) - a soakaway 5m away from the building may be requested.
8. A means of escape in case of fire is required for a two storey house having its loft converted - this will entail the existing doors be replaced with 1/2 hour fire resistant doors .
9. Inner room situation - it is no longer possible to provide an open plan design without alternative means of escape in case of fire being provided from the inner rooms.
10. All windows to new first floor rooms (excluding bathrooms and toilets) - or where windows are being replaced - are to be fitted with means of escape openings and means of escape hinges.

Planning Permission
This may be required for works affecting the external appearance of a building.

An extension, dormer windows, replacement windows, new window openings, roof lights, new garages, converting garages to rooms, new out buildings, satellite dishes and new fencing may all require Planning Permission.

There is a facility for consulting in writing for a Determination as to whether or not Planning Permission is required - for further details contact the Development Control section of the Planning, Transport and Building Control Unit for the area where you live . If planning permission is required a plan fee will need to be deposited with the application.

For further information see the Hertsmere Supplementary Planning Guidance.

Listed Building Consent and Conservation Areas
If your house is on the Statutory List of Buildings of Special Architectural or Historic Interest you will normally require consent for any alteration affecting the internal or external appearance of the building.

If you are located within a Conservation Area stricter controls apply with regard to what can be built without the need for Planning Permission.

For further details contact the Planning section .

Tree Preservation Orders
This may be required if you propose to cut down or lop back a tree that has a Preservation Order on it.

For further information contact the Tree Officer .

Public Sewer owners consent.
If your extension is likely to be built over or within 3m of a Public Sewer the consent of the Thames Water Utilities Limited is required. To find out whether there is a Public sewer which would be effected by your development you may contact the Thames Water Utilities on T: 0118 923 6683.

Under the current Building Regulations it is the duty of the owner to find out if there is a Public Sewer within 3m of the new building and work should not start until the permission of Thames Water Utilities has been obtained.
It is also now no longer possible to build over and incorporate a manhole within the building if it serves a public sewer.

Land Drainage Byelaws.
Under The Land Drainage Byelaws 1998 you are required to obtain Consent from Hertsmere Borough Council’s Drainage Services Section if you intend to build within 9m of a watercourse.

• For further information on Drainage click here.

Permission from the original developer
There may be what is called a restrictive covenant on the deeds of your house whereby you may need permission from the original developer for an extension to be built - if the house was built some time ago the developer may no longer be in existence but this should not be taken for granted - you can usually obtain insurance protection for this via a one off premium. If you have bought the house from the Council you will now need to contact the legal unit at Hertsmere, or William Sutton (external link) or Aldwyck Housing Association (external link) depending upon where you live.
Note: A fee may be charged for this.

The Building Society or Bank holding your mortgage
May require permission (whether or not you are going to obtain a loan from them) for any alterations, as it may affect their interest in the property - they may charge a fee for consenting to the proposals.

Party Wall etc. Act 1996
It may be that the work could affect your neighbour’s buildings (e.g., by undermining foundations, by disturbing party walls or boundary walls). If this is the case you are obliged to give notice in writing of the intended work to all relevant adjoining owners.

You may also need your neighbour’s permission to remove fences, to go on their land to build your wall. Your gutter may project over their land or you may want to use their extension wall to set a weathering flashing against - all of which will require their legal agreement in writing and possibly attached to the deeds of the properties to avoid problems from future owners.

You are advised in all cases to warn neighbours of intended work. - Be considerate to their fears, avoid building right up to the boundary line and ensure the builder always leaves the adjoining owner’s property clean and makes good any damage to their satisfaction.

Note: Any fences needing replacing may not be covered by your loan nor quoted for by the builder.

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