Clients Beware

Trees /Hedges/Bushes

Trees / hedges within the area of the proposed development can affect the foundation depth and in some cases will need to have engineer’s calculations, which can be expensive.  The worst trees / hedges are oak, elm, eucalyptus, hawthorn, poplar, willow, yew and Cypress.  Please make the surveyor aware of any such Plant Life on the site visit.

Engineers Calculations

Many extensions can be built without engineer’s calculations but more of the local authorities are asking for calculations.  This work is undertaken for me by Springfields Engineers.  The cost of their work will be invoiced to the client direct. Also for jobs like conversions Building Control often ask for the existing foundations and structure to be checked prior to commencement of works.

Party Walls & Party Wall Act 1996

Party walls are generally boundary walls between neighbouring properties.  If you plan to do works on or near a party wall you are required to serve notice to the adjoining owner related to the party wall side two months prior to the start of works.

There are three main sections to serve notice under.  These are:

• Work on existing party walls (section 2 of the Act)

• New building on the boundary line between neighbouring pieces of land (Section 1 of the Act)

• Excavation near neighbouring buildings (Section 6 of the Act)

 

If, after 14 days of serving notice, the adjoining owner has not agreed to the works it is deemed a dispute has arisen and the adjoining owners are advised to inform why they do not wish the works to go ahead.  It is strongly recommended that a resolution to the problem is agreed upon between you and your neighbour.  If a satisfactory resolution is not agreed upon then a Surveyor will need to be appointed to act for the party wall and mediate between parties.  It is also possible for the adjoining owner to appoint their own surveyor, the cost for which will be brought upon the building owner. Most surveyors’ fees start at about £100 per hour, with a minimum of 5 hours on average for adjoining surveyors.  It is recommended that fees are agreed upon before surveyors are instructed.  If this arises please contact Damian Lockley at the office and a suitable surveyor will be sought prior to any other surveyor being instructed.

An explanatory booklet is available from most local authorities and available on the ODPM website http://www.odpm.gov.uk/partywall-1996 .  The booklet is called The Party Wall etc. Act 1996 explanatory booklet.  Within this booklet there is lots of advice and Example Letters of Notice for your assistance.  It is expected that clients write and send Notices to their adjoining neighbours.

Planning

From 1 October 2008 an extension or addition to your home will be considered to be permitted development, not requiring an application for planning permission. Please flow link to see if you require planning permission http://www.planningportal.gov.uk/uploads/hhg/houseguide.html or www.extensionbuild.co.uk  

Most projects will require planning permission.  An approximate time period of eight to thirteen weeks is required by the Council to process the application once the application has been submitted. 

Generally, the local authority will require a planning application fee of £150.00, made payable to the said authority, for an average alteration or extension to a property.  The erection of a dwelling house generally requires a fee of £335.00 per unit.  If clarification on fees is required please contact your local authority, who will be only too pleased to assist. 

You can monitor the progress of your application on your local authority’s web site, eg   http://www.braintree.gov.uk/braintree/planning/default.htm is Braintree District Council’s web site.  There is extended information about planning and building regulations procedures.  If the planning application fails there is no second fee to pay on revised applications

Building Regulations

Building regulations consent is required on all habitable alterations or extensions, usually after planning consent has been obtained.  There are two main methods of obtaining building regulations approval.  These are Building Notice and full plans approval.  If you visit the Braintree District Council website and look on the building regulations tab, there is information which will explain these two methods in detail.

The building regulations are based upon 17 separate documents covering, for example, structure; ventilation; drainage, etc.  Primarily they are designed to ensure that buildings are constructed in the correct way and are structurally sound.  An approximate time period of five weeks is required by the Council to process the application once the application has been submitted.

It is possible to build an extension to a property requiring only a building regulations application under permitted development rights, although the rules and guidelines for this sort of development are complex and usually requires clarification with the Council before submitting the application.

Generally the local authority will require a building regulations application fee based upon the size of the extension or structure and are also based upon the cost of works for alterations, or alternatively there is a one-off charge for a proposed new dwelling.  Generally extensions under 40 square metres gross are charged at a fee of £157.00, which is payable to the local authority.  For works over 40 square metres there is an initial plan charge of £157.00 and subsequent inspection charges on commencement of works amounting to an additional £157.00.  The inspection charges are arranged between yourself and Building Control.

If clarification is required on any particular point please do not hesitate to ask the local authority directly or alternatively ourselves.  Hope this information clarifies the planning and building regulations application process.