Planning to Extend or Renovate Your New Home? Legal Considerations to Check First

When moving into a new property, it’s tempting to envisage the big possibilities to put a personal stamp on things and improve the living space.

But before you start bringing in the builders, it’s important to check for legal restrictions that could affect your plans.

Early legal guidance can save you time, money, and disappointment.

What Sort of Work Requires Planning Permission?

According to Citizens Advice, you usually require planning permission from your local council if you intend to:

• Build a new building on your land, separate from the main property, such as an outbuilding or detached garage.
• Make a major change to an existing building, such as an extension or conservatory.
• Change the use of the home, such as from a family home into a salon, nursery or other business premises.

That being said, there may be a requirement to receive planning permission for minor changes that aren’t covered by permitted development rights where additional restrictions exist.

Use the government’s local council finder to find out which council you should contact.

Building Regulations Compliance

Once you have ascertained whether you do or do not require planning permission for your work, building regulations must still be complied with.

Building regulations cover the likes of safety, fire risk and energy efficiency. Aspects of this range from insulation and ventilation to any load-bearing structures and more.

Not all work requires building regulations approval (you can check here), but the person completing the work must still follow building regulations.

Three steps to ensuring compliance where building regulations are required are:

1. Hire an architect or surveyor to oversee compliance
2. Obtain a completion certificate
3. Keep this documentation safe for the purpose of resale or remortgage

What to Check Before You Renovate

A solicitor can help you review the title deeds and planning history to identify potential issues, such as:

• Restrictions on extensions, outbuildings, or fencing
• Requirements for listed building consent or planning permission
• Any obligations that could affect insurance or mortgage lending

What if a Renovation Project Affects a Shared Wall?

For projects affecting the shared wall with a neighbour, such as with semi-detached or terraced houses, you must:

• Serve a ‘Party Wall Notice’
• Obtain a ‘Party Wall Agreement’ in writing

This is covered by the Party Wall etc. Act 1996in England and Wales. The Act includes loft conversions, boundary wall work and extensions near the boundary.

Your solicitor can assist in drafting and serving the notice and agreement correctly, and this helps to avoid future disputes over the work and give you peace of mind.

Legal Checks Before You Extend or Renovate Your Home

Some properties come with rules that restrict what you can do, often tied to:

• Restrictive covenants: Private agreements in the title deeds limiting certain changes or uses.
• Conservation areas: Where the local authority protects the character of buildings and streets.
• Listed buildings: Homes of historical or architectural importance with strict rules on even minor alterations. Listed building consent is required here.

Ignoring these restrictions can result in fines, forced reversals of work, or difficulties selling your home in the future.

Practical Tips for Buyers

1. Plan early: Before you buy, think about what changes you want to make and discuss them with your solicitor.
2. Check planning history: Ask your estate agent for details of any previous extensions or alterations.
3. Confirm legal restrictions: Make sure your intended changes are permitted under covenants or local planning rules.
4. Budget for extra time and cost: Some permissions can take weeks or months to obtain, and listed building consent can be more complex.
5. Get legal advice in writing: Instruct your solicitor to carry out necessary checks and provide a written report.

Visit our residential conveyancing team for more information or to get a quote today.