The construction phase of a project requires the bulk of your budget
and will impact the value and safety of your home,
but many homeowners find themselves faced with a lack of clarity on difficult rules and regulations.
If you’re looking to unlock the secrets of the construction industry, here are details of the legal requirements you’ll need to meet and how you can best protect your home during this vital stage.
Basic requirements
If you just want to make sure you have the minimum legal requirements, this is what you’ll need…
Planning permission, if required
Some projects can go ahead without planning permission, known as the use of permitted development rights.
Whether your project falls within this scheme or not will come down to the size of your extension, the height, exterior appearance and location of your home –
For example but not limited to.
It should also be noted that although permission is not legally required,
It is recommended that you take the time to obtain a legal development certificate.
If your project does not qualify for permitted development, you are legally required to obtain planning permission from your local authority.
You will need to prepare a planning package, which will include existing drawings of your home as it is today, as well as your proposed designs.
Construction monitoring
The other legal requirement you will need to meet is to obtain a sign-off from your local building department.
This can be done either by your local authority or by an approved inspector.
At the very least, you will need to have your builder work with an inspector or your local authority (we recommend a certified inspector),
Which will first check that your graphics are good before they hit the site and give you conditional approval to proceed.
They will then be brought to site during construction and sign off on the work at various key stages, before final approval is given at the end of the process.
Although this means that your project is considered legal, without detailed technical drawings of your design,
This way of doing things makes you vulnerable to risk.
For starters, you’ll be at the mercy of your builder to know the ins and outs of UK building regulations.
If they make a mistake, many will raise their hands and say you didn’t provide enough instructions and charge you an additional fee to correct the errors.
The party wall is important
If you share a wall, outbuilding or boundary with a neighbour,
you are legally required to get their consent before you start building.
Up to two months before any work begins, you must give notice to all legal owners of any building
Affected by your proposed construction unless you agree sooner with a good neighbor under the party wall etc.
If you receive written approval within this time frame, your project can go ahead but if not,
you will need to prepare a party wall agreement.
This legal contract requires the contribution of at least one surveyor
but may require more if your neighbor insists on appointing their own surveyor.
You will be responsible for all costs incurred, and with dishonest neighbors,
this legal dispute could take 3 months or more.
For more architectural news
