Home Improvements This Spring: Key Legal and Safety Requirements for Houses and Flats

Simon Harris, Associate Solicitor – sharris@mayowynnebaxter.co.uk

With Spring, hopefully, around the corner, many of us are considering home improvements or alterations to improve our homes, or to seeking to increase the value and of our homes

To alter or extend your property, you typically need a combination of government approvals, legal consents from owners, and technical safety certifications. The specific requirements vary significantly depending on whether you own a freehold house or a leasehold flat.

1. Planning Permission & Permitted Development

Planning permission focuses on how your project affects the local area and neighbours.

• Houses: Many modest extensions (e.g., single-storey rear extensions up to 3–4 metres deep) fall under Permitted Development Rights, meaning formal planning permission is not required…

     o Larger Extensions: You can extend up to 6 metres (semi-detached/terraced) or 8 metres (detached) via a Prior Approval application, which involves a neighbour consultation scheme

• Flats & Maisonettes: These properties do not have permitted development rights; almost any external alteration or extension requires a full planning application.

• Protected Areas: If your property is in a Conservation Area, a National Park, or is a Listed Building, permitted development rights are often restricted or removed, necessitating specific Listed Building Consent.

In certain areas these Permitted Development rights are restricted or excluded so you must check with your Architect or the Local Authority before start to see if your plans will require Planning Permission. Carrying out work without the necessary Planning Permission could potentially lead to proceedings being taken which could lead to the property having to be reinstated. 

2. Building Regulations Approval

Regardless of planning permission, almost all structural work must comply with Building Regulations to ensure the build is safe and energy efficient.

• Scope: Covers foundations, insulation, drainage, fire safety, and structural integrity.

• Application: You can submit a Full Plans application (pre-approved drawings) or a Building Notice (for simpler works on domestic buildings).

• Certification: Specialised work like electrical or gas installations should be done by “Competent Persons” who can self-certify their work and will issue the necessary Certificate to you and will lodge these with the Local Authority so they will be revealed when a potential purchaser undertakes their Local Authority Search.

3. Freeholder or Landlord’s Consent

If you own a flat or a leasehold house, you must obtain permission from the landlord (freeholder) as per your lease terms. Depending on your plans consent may or may not be required. It is vitally important you check the terms of your leases to see if consent is required from the freeholder and or the management company before any works are carried out

• Licence to Alter: A formal legal document where the freeholder grants permission for specific works may be required.

• Ownership Check: Ensure you actually own the space you intend to alter (e.g., loft space or garden areas), as these are often retained by the freeholder. If they are not included in your lease, as is often the case, for example with loft spaces, a document called a Deed of Surrender and Re Grant will be needed to confirm that the additional areas are to be include in your lease before you can carry out the works. There are other legal issues which may have to be addressed at the same time requiring the consent of the other flat owners.

• Dealing with such issues can be time consuming and expensive, with third parties’ costs having to be paid, especially if a freeholder wishes to charge a price for consent to reflect the potential increase in the value of your property should the works be carried out. All of these are matters which you will need to factor into your plans

• Restrictive Covenants: Owners of freehold houses should check their title deeds for Restrictive Covenants which might forbid certain developments or require consent for alterations.

4. Third-Party & Neighbourly Consents

• Party Wall Agreement: If you are building on or near a shared boundary, or working on a shared wall, you must serve a Party Wall Notice to your neighbours at least two months before starting. Your Architect/Surveyor would be able to advise on this

• Build Over Agreement: If your extension is within 3 metres of a public sewer, you may need a Build Over Agreement from your local water authority.

• Highways Consent: if your project involves changes to the road or pavement, such as installing a dropped kerb this will require the consent of the Local Highway Authority.

• Tree Preservation Orders: if you have a tree on your property check to see they affected by a Tree Preservation Order if your plans would involve cutting, lopping or removing a tree

It is important to undertake the necessary preparatory work before undertaking any project. Having all the necessary consents and approvals and guarantees in place will help when you come to sell, or remortgage.

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