Design, Planning and Process Guide
This guide is based on the information gained from the initial site visit and the details provided by the ‘client supplied’ specification and Planning / Building Regulation drawings.
Responsibility for documents:
Whilst we make every effort to check and validate information supplied by clients and third parties, we cannot be responsible for errors arising directly or indirectly from incorrect information supplied to us and it will be the responsibility of the supplier to provide correct / revised information. We will follow the drawings as provided.
When drawings are Company supplied:
This guide is based on the information gained from the initial site visit and is subject to the Company preparing Planning / Building Regulation drawings and Structural Calculations ready to be submitted to Building Control / Local Authorities as Planning and Full Building Regulation submissions.
Important Notes:
In the event of final drawings changing any of the following specification, this agreement is subject to change and the client will be liable for any additional costs incurred. Any additional costs will be confirmed in writing.
Individual payments as below are required upon entering an agreement with the Company and have already been excluded from the overall quoted price.
Additional works, alterations and variations to the original brief instructed by the Client subsequent to the acceptance of the original quotation or fee proposal shall be charged according to the cost of the specific task.
Our quoted fee for preparing planning and building regulations drawings does not include facilitating and managing Party Wall matters, Build Over Agreements, Tender Documents or Ecological reports. Separate charges will be subjected to these services.
The Company to prepare and supply:
Planning/Permitted Development Drawings/ Specification: fee as quotation (75% of design fee paid on submission)
Building Regulations/Structural Calculations:fee as quotation (25% of design fee paid upon approvals)
No architect can guarantee that planning permission and/or Building Regulations approval will be granted because these decisions rest with the local authority. When engaged to submit an application, Cube Lofts will consider any local authority planning guidelines and building control statutory requirements so it has the best chance of success. Sometimes exemptions to guidelines and similar provisions will have to be negotiated to achieve the best design solution for the project.
This guide is subject to the acceptance and full approval of the above Planning / Building Regulation drawings and all associated details / structural calculations, as required by Building Control and your Local Authorities. In the event of Building Control or your Local Authorities requiring at any point any additional or revised drawings / details this will need to be supplied via the appointed architect.
In the event of the Planning department requiring the removal of any existing structures (sheds, garages, outhouse, conservatories, lean-tos etc…) to assist/ comply with a Planning application, this will be subject to an additional cost and will be confirmed upon full inspection.
In the event of any amendments made to any current Building Regulations from the date of quotation or Building Control enforcing any changes onsite, this agreement is subject change and the client will be liable for any additional costs incurred. Any additional costs will be confirmed in writing.
Please Note: All Local Authority and Building Control fees i.e. Planning Applications, Full Building Regulation applications etc. are to be met directly by yourself, the cost of which will be determined when architectural drawings are available.
:: THE BUILDING PROCESS ::
The information below is a brief introduction as to what is required when planning any proposed building project. Parts of this maybe irrelevant to your proposed works but have been included should you need this information for any future developments. This should be explained in more detail by the appointed architect.
The purpose of the planning system is to protect amenity and the environment in the public interest. The Government thinks this is the right balance, as councils can use planning controls to protect the character and amenity of their area, while individuals have a reasonable degree of freedom to alter their property.
Planning Permission
Unless a project falls within the scope of Permitted Development, all building projects must have planning permission. Most new buildings or major changes to existing buildings or to the local environment need planning approval.
The planning applications are proceeded through planning to the decision making process consisting of various stages from application validation to its decision. In short, this procedure would be completed in approximately 8-10 weeks to have a planning permission.
There is a different planning regime for flats and maisonette.
In order to confirm whether your proposed development qualifies as permitted development or require full planning, you/architect can use the pre-application planning adviceservice offered by your local authority. Under this service, the authority can check if you are on the right lines before you apply. This could save you time and money and improve your chances of having your proposal approved.
It is client’s responsibility for seeking, or not seeking planning permission.
If required, planning permission/permitted development should be granted before any work begins.
Permitted Development:
You can often extend your house under Permitted Development Rights, without the need to apply for planning permission provided you meet a set of limits and conditions.
The regime for what is allowed without planning permission applies largely to the dimensions of the proposed extension, its position on the house and its proximity to your boundaries.
For ground floor extensions, a development is Permitted if more than half of the land around the “original house” is not covered by additions or other buildings; Height of a single-storey rear extension is not more than three meters at eaves and maximum height doesn’t exceed more than four meters; Materials are similar in appearance to the existing house; The rear extension extends beyond the rear of the house by not more than 6m in case of an attached house or by 8m in case of a detached house.
An extension more than 3m deep for semi-detached and terraced dwellings or more than 4m deep for detached dwellings may also be acceptable within PD Rights. However the planning process is slightly different. A Prior Approval Notification (aka Large House Extension or Neighbour Consultation Scheme) is required. If the depth of the extension is larger to what it could have been achieved strictly within PD Rights, the Local Planning Authortity needs to be notified who will then consult the adjoining neighbours. If there are no objections (or objections on valid grounds) the Local Authority will issue a Notice stating that Prior Approval is Not Required. However, a follow-up CoL (Certificate of Lawfulness) Application will be required, as the Local Authority is not checking the design against all restrictions and limitations under PD Rights. Therefore, the proposed development may not be lawful, even if there was no objections from the neighbours. In that case, a Full Planning Application will be required.
In case of loft conversions, a development is Permitted ifloft conversions is not higher than the highest part of the roof; there are no verandas, balconies or raised platforms; the roof space created doesn’t exceed the volume allowance of 40 cubic meter for a terraced house and 50 cubic meter for a detached and semi-detached house.
In certain areas of every Borough permitted development rights are more restricted.
If you live in a Conservation Area you will need to apply for planning permission for certain types of work which do not need an application in other areas. If your proposal affects a listed building, it will be necessary to obtain Listed Building Consent before undertaking any work.
In the case of apartments planning permission is required.
Lawful Development:
If you want to be certain that the existing use of a building is lawful for planning purposes or that your proposal does not require planning permission you can obtain a certificate called a “Lawful Development Certificate” (LDC).
This option is well worth considering even if you are sure your project is a permitted development. If you should later want to sell your property an LDC may be helpful to answer queries raised by potential buyers or their legal representatives. As such, it is important that all paperwork and records relating to your property are clear and up to date.
The certificate means that enforcement action cannot be carried out to the development referred to in the certificate, However, the certificate will not protect from enforcement action by the planning authority if the specified use is then changed ‘materially’without a planning permission for it.
Lawful Development Certificates can be obtained via your Local Authority and Cube Lofts or your appointed architect can advise you as to what supporting information / fee is required to gain this certificate.
Information above may not be up to date, as the regulations change. The latest regulations can be find on the government’s planning portal http://www.planningportal.gov.uk
Before Works can commence:
It is important to note that even though your proposed building works may not require planning permission, it may require building regulations approval.
The majority of building works whether domestic or commercial are required to comply with Government enforced Building Regulations. These regulations have been set to ensure that all building works are conducted in a safe and proper manner and to the approved standards, and cover aspects such as fire and electrical safety, access, insulation, ventilation and fuel conservation.
To ensure building works comply with these regulations you have to submit what’s called a ‘Full Plans Application’to relevant Building Control prior to any works commencing. This allows Building Control to check that your plans, detailed specifications, and if appropriate, structural calculations meet all regulation requirements and also investigate any issues with Thames Water and public sewers etc. If they do formal approval is given, if they do not a Notice of Rejection will be issued detailing all items of non-compliance.
The fees for this application (payable directly by the client) normally come in two stages, and cover all related admin and site inspection costs. The first payment is needed to accompany the application, and the second is due upon invoice after the initial site inspection takes place. The appropriate fee is dependent upon the proposed works and can be determined when architectural drawings are available.
A decision is normally reached within 5 weeks of an application being submitted and to have this approval gives you the peace of mind and security of knowing that providing the builder follows the plans the works will comply to the required regulations.
As soon as Building Regulation approval is in place and Building Control have been notified of the works commencing, an allocated building inspector will visit the site at various stages of development to ensure the appropriate regulations are adhered to.
A less common route of commencing building works is under what’s called a ‘Building Notice’ this is an application submitted to Building Control notifying them of commencement and needs to be served at least 48 hours before any works begin.
With a Building Notice application it is not compulsory for your Building Control to thoroughly check whether your plans, detailed specifications and structural calculations meet the regulation requirements, prior to the commencement of your works. Although it is recommended that details are submitted with the application, compliance with required Building Regulations are generally checked on-site. This places a greater emphasis on you, the architect and builder to ensure Building Regulations are complied with, and should any issues arise during the works this could result in costing both time and money.
Please Note: If your proposed works involve building over or near to a public sewer, these works must be conducted under a Full Plans application. Please see below information on Thames Water.
Although it may seem quicker to work under a Building Notice it is not recommended unless the proposed works are very simple such as, simple structural alterations, drainage alterations, re-roofing works or detached garages/outbuildings etc…
A Full Plans application and Building Notice cost exactly the same so no financial incentive exists for making either application.
Building Control:
Building Control is monitoring body for the standards of design and construction of buildings that ensure the safety and health of people in or around the buildings.
Once the planning permission is granted, the next step is building control approval of the project before commencement of build. Most proposed developments require approval under the Building Regulations. The Building Regulations are made up of procedural and technical provisions. Some works are exempt from the whole of the Regulations, others are only exempt from certain aspects.
Detailed drawings including itemized notes and specifications on how the building is to be built are required. The drawings showing material to be used and structural calculations should be compliance with the building regulations. The Building Control Officer will also visit the site at key stages in the construction for inspections to ensure compliance with the Building Regulations.
For more information regarding approved building inspectors please visit:
www.acai.org.uk
or
http://www.direct.gov.uk/en/HomeAndCommunity/Planning/BuildingRegulations/DG_4001372
The Party Wall Act 1996:
This Act is separate from obtaining planning permission or building regulations approval. The Act gives a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
A building owner proposing to start work covered by The Act must give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes. The statutory notice periods from serving notice and starting work are one month for excavation and building on or astride boundaries, and two months for cutting into a party wall/structure or an adjoining building. These timeframes can be reduced with the neighbours’ permission. Therefore, you should factor these timescales within your pre-build period.
With both applications your attention is drawn to the requirements of the Party Wall Act 1996which may affect your proposals. If you plan to build a party wall or party fence wall astride the boundary line, affected neighbours and obtain their consent. However, there is no right to build astride the boundary without your neighbour’s agreement in writing.
The party wall act covers:
- Various works that is going to be carried out directly to an existing party wall or structure.
- New building at or astride the boundary line between properties.
- Excavation within 3 or 6 meters of a neighbouring building(s) or structure(s), depending on the depth of the hole or proposed foundations.
The Party Wall Act shall be observed at all times in respect of all works to be carried out to the party wall. Further information is available from Planning Portal website https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance
and The Royal Institution of Chartered Surveyors (RICS) http://www.rics.org/uk/knowledge/consumer-guides/party-walls-guide/
Please Note: It is the responsibility of the client / property owner to secure any necessary Awards, failure to do so could result in costing both time and money.
Thames Water:
If your proposal involves building over or near to public sewers or any new connections, the agreement of Thames Water Utilities Ltd must be sought before work is undertaken. It gives assurance that you have given the sewer the correct clearance from your new foundations.
Thames Water is legally responsible for more than 100,000 kilometers of public sewers. If you are building a new dwelling or extending an existing building, it is very likely you will be building over or within 3 meters of a public sewer.
Any building works over the top or within 3 meters of a public sewer, requires a prior agreement with Thames Water to ensure that no damage is caused to it or restrictions made to the use / maintenance of the sewer.
There are different applications for different sizes of sewer:
- Class 1 160mm diameter or smaller
- Class 2 160 – 375mm diameter
- Class 3 over 375mm diameter
For all classes, except Class 1, CCTV survey is required before you begin work to ascertain whether any repair work is required.
Where a formal agreement and/or CCTV Survey are requested, a fee (not part of the Building Regulation / Local Authority charges) is payable.
With the submission of a Full Plans application responsibility lies with your local authorities to consult Thames Water where ever building over / near to a public sewer might occur. If a sewer has already been identified by your architect / engineer you can apply for an agreement personally and this can speed up the process of your Full Plans application.
Completion Certificates:
Building Control will automatically issue a Completion Certificate as soon as all site works are completed satisfactorily, all fees are paid and a completed electrical certificate is received.
If you would like to discuss any of the above or would like any further / detailed information please us on 020 8432 9676 or alternatively, contact your local authority.