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Legislation
At Niven Architects we understand that the legislation affecting developments are complex. A building project, no matter what scale, can be a long, confusing and daunting process and the complicated legislation governing a development does not help.
However with clear, effective guidance and good communication, the process can be painless and result in Architecture that represents the realisation of a dream, the creation of a beautiful object or simple practical solutions to a project brief.
Below you will find general information and links relating to the principle pieces of legislation affecting construction projects however if you have a specific question or would like advice on a specific issue affecting your project please do not hesitate to contact us.
Planning Permission
The planning system plays an important role in helping protect the environment in our towns and cities and in the countryside.
In England and Wales, a 'HYPERLINK "http://www.planningportal.gov.uk/england/genpub/en/1108751860481.html"plan-led system' outlines what can be built and where.
Almost all external alterations and extensions to an existing building require planning permission. However, certain small extensions and other alterations are granted planning permission automatically where they affect a house which is occupied as a 'single family dwelling' - that is to say, it is lived in by one family only, not subdivided to form flats this is called Permitted Development.
Within a conservation area these 'permitted development' rights are more limited, and exclude for example certain types of cladding, the insertion of dormer windows and satellite dishes, all of which consequently will therefore require planning applications.
'Communities and Local Government' sets out national planning policy, but the main responsibility rests with local planning authorities.
Each local authority must produce a Local Development Framework which outlines how planning will be managed in your area. Your local planning authority is responsible for deciding whether a development - from an extension on a house to a new shopping centre - should go ahead.
The information about how planning permission might apply to various types of householder projects can be accessed through the Planning Portal website via the link below but we as Architects can give advice on any type of project and advise you as to the issues that may be involved.
www.planningportal.gov.uk/england/genpub/en/1115314175501
Building Regulations
The Building Regulations apply to HYPERLINK "http://www.planningportal.gov.uk/england/genpub/en/1115315273728.html"building work in England and Wales and set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings. They also include requirements to ensure that fuel and power is conserved and necessary facilities are provided for people, including provision for those with disabilities.
The following types of work is classified as 'Building Work' as defined in Regulation 3 of the Building Regulations:
the erection or extension of a building
the installation or extension of a service or fitting which is controlled under the regulations
an alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
the insertion of insulation into a cavity wall
the underpinning of the foundations of a building
It should be noted that Building Regulations approval is a separate matter from obtaining planning permission for your work.
The requirements with which building work should comply are contained in Schedule 1 of the Building Regulations and are grouped under the fourteen 'parts' below:
Part A - Structure
Part B - Fire safety
Part C - Site preparation and resistance to moisture
Part D - Toxic substances
Part E - Resistance to the passage of sound
Part F - Ventilation
Part G - Hygiene
Part H - Drainage and waste disposal
Part J - Combustion appliances and fuel storage systems
Part K - Protection from falling, collision and impact
Part L - Conservation of fuel and power
Part M - Access to and use of buildings
Part N - Glazing - safety in relation to impact, opening and cleaning
Part P - Electrical safety
They set out the broad objectives or functions which the individual aspects of the building design and construction should set out to achieve. They are therefore often referred to as 'functional requirements' and are expressed in terms of what is 'reasonable', 'adequate', or 'appropriate'. Not all of the functional requirements may apply to your building work, but all of those which do apply should be complied with as part of any Building Regulations submission.
On almost all projects both Building Regulations Approval and Planning Permission will be required.
If you are planning a project and would like further advice please do not hesitate to contact us.
www.planningportal.gov.uk/england/genpub/en/1115313928610.html
Listed Building Consent
Buildings which are listed or which lie within a conservation area are protected by law within England, Scotland, Wales and Northern Ireland. This does not mean that you cannot alter or even demolish such a building, but carrying out relevant work without the appropriate consent is a criminal offence.
In brief the following works would typically require consent:
All works affecting a scheduled monument or the ground surrounding it require scheduled monument consent
The demolition or alteration of a listed building and historic structures within its grounds requires listed building consent
The demolition of an unlisted building in a conservation area requires conservation area consent
Alterations to the exterior of all buildings may also require planning permission and an application may be needed for some works to houses in conservation areas and other buildings affected by an 'Article 4 direction' which otherwise would not require one
Although there are slight variations in the legislation protecting historic building and conservation areas throughout the UK, the same principles apply. In Northern Ireland while the legislation itself is much the same, the administration of planning control operates in a very different manner, as described at the end of this article.
If you are considering a project on a listed building or on a property within a conservation area please do not hesitate to contact us so we can advise you as to its viability, and the necessary steps you should take prior to commencing work.
At Niven Architects we understand that the legislation affecting developments are complex. A building project, no matter what scale, can be a long, confusing and daunting process and the complicated legislation governing a development does not help.
However with clear, effective guidance and good communication, the process can be painless and result in Architecture that represents the realisation of a dream, the creation of a beautiful object or simple practical solutions to a project brief.
Below you will find general information and links relating to the principle pieces of legislation affecting construction projects however if you have a specific question or would like advice on a specific issue affecting your project please do not hesitate to contact us.
Planning Permission
The planning system plays an important role in helping protect the environment in our towns and cities and in the countryside.
In England and Wales, a 'HYPERLINK "http://www.planningportal.gov.uk/england/genpub/en/1108751860481.html"plan-led system' outlines what can be built and where.
Almost all external alterations and extensions to an existing building require planning permission. However, certain small extensions and other alterations are granted planning permission automatically where they affect a house which is occupied as a 'single family dwelling' - that is to say, it is lived in by one family only, not subdivided to form flats this is called Permitted Development.
Within a conservation area these 'permitted development' rights are more limited, and exclude for example certain types of cladding, the insertion of dormer windows and satellite dishes, all of which consequently will therefore require planning applications.
'Communities and Local Government' sets out national planning policy, but the main responsibility rests with local planning authorities.
Each local authority must produce a Local Development Framework which outlines how planning will be managed in your area. Your local planning authority is responsible for deciding whether a development - from an extension on a house to a new shopping centre - should go ahead.
The information about how planning permission might apply to various types of householder projects can be accessed through the Planning Portal website via the link below but we as Architects can give advice on any type of project and advise you as to the issues that may be involved.
www.planningportal.gov.uk/england/genpub/en/1115314175501
Building Regulations
The Building Regulations apply to HYPERLINK "http://www.planningportal.gov.uk/england/genpub/en/1115315273728.html"building work in England and Wales and set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings. They also include requirements to ensure that fuel and power is conserved and necessary facilities are provided for people, including provision for those with disabilities.
The following types of work is classified as 'Building Work' as defined in Regulation 3 of the Building Regulations:
the erection or extension of a building
the installation or extension of a service or fitting which is controlled under the regulations
an alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
the insertion of insulation into a cavity wall
the underpinning of the foundations of a building
It should be noted that Building Regulations approval is a separate matter from obtaining planning permission for your work.
The requirements with which building work should comply are contained in Schedule 1 of the Building Regulations and are grouped under the fourteen 'parts' below:
Part A - Structure
Part B - Fire safety
Part C - Site preparation and resistance to moisture
Part D - Toxic substances
Part E - Resistance to the passage of sound
Part F - Ventilation
Part G - Hygiene
Part H - Drainage and waste disposal
Part J - Combustion appliances and fuel storage systems
Part K - Protection from falling, collision and impact
Part L - Conservation of fuel and power
Part M - Access to and use of buildings
Part N - Glazing - safety in relation to impact, opening and cleaning
Part P - Electrical safety
They set out the broad objectives or functions which the individual aspects of the building design and construction should set out to achieve. They are therefore often referred to as 'functional requirements' and are expressed in terms of what is 'reasonable', 'adequate', or 'appropriate'. Not all of the functional requirements may apply to your building work, but all of those which do apply should be complied with as part of any Building Regulations submission.
On almost all projects both Building Regulations Approval and Planning Permission will be required.
If you are planning a project and would like further advice please do not hesitate to contact us.
www.planningportal.gov.uk/england/genpub/en/1115313928610.html
Listed Building Consent
Buildings which are listed or which lie within a conservation area are protected by law within England, Scotland, Wales and Northern Ireland. This does not mean that you cannot alter or even demolish such a building, but carrying out relevant work without the appropriate consent is a criminal offence.
In brief the following works would typically require consent:
All works affecting a scheduled monument or the ground surrounding it require scheduled monument consent
The demolition or alteration of a listed building and historic structures within its grounds requires listed building consent
The demolition of an unlisted building in a conservation area requires conservation area consent
Alterations to the exterior of all buildings may also require planning permission and an application may be needed for some works to houses in conservation areas and other buildings affected by an 'Article 4 direction' which otherwise would not require one
Although there are slight variations in the legislation protecting historic building and conservation areas throughout the UK, the same principles apply. In Northern Ireland while the legislation itself is much the same, the administration of planning control operates in a very different manner, as described at the end of this article.
If you are considering a project on a listed building or on a property within a conservation area please do not hesitate to contact us so we can advise you as to its viability, and the necessary steps you should take prior to commencing work.
© Niven Architects 2008