Conservatories
are often a bone of contention between Conveyancers with one saying that the
Conservatory should have had Planning Consent and/or Buildings Regulations
Approval and another saying that this was not needed – such arguments are often
the cause of unnecessary delay in the sale and purchase of a property.
So what is the answer?
Planning Consent
As a general
rule Planning Consent is not required as a Conservatory (unlike a house
extension) is considered to be permitted development. As always there are
exceptions and this is what causes the arguments. A Conservatory will not be
permitted development (and will therefore require planning consent) in the
following instances:
·
Just
as in the case of a house extension the conservatory does not take up half the
garden (this refers to the garden of the house when it was originally built –
so if there have been previous house extensions there could be an issue)
·
The
roof must not be higher than the roof of the house. Again this same rule would
apply to a house extension.
·
The
conservatory is more than 3 metres (4 metres in the case of a detached house)
beyond the rear wall of the original house - again beware if there has
been a previous house extension.
Conservatories
and house extensions will nearly always require planning consent if the
property is within either of a National Park, the Broads, an Area of
Outstanding Natural Beauty or a World Heritage site.
·
The
property is within a conservation area or is a listed building.
·
The
Local Council have imposed an Article 4 Direction on the area in which the
property is situated. This in effect cancels the General Permitted Development
Rights in the area meaning that planning consent will be required for any house
extension or conservatory.
·
The
property is a flat or a maisonette. The General Permitted Development Rights do
not apply to flats or maisonette.
·
The
permitted development rights were excluded from the property as a condition of
the planning consent for the original construction of the property. The
planning condition usually specifically states that house extensions and
additions or any external alterations will require express planning consent.
Buildings Regulations Approval.
As a
conservatory is in affect a type of house extension, it will require Buildings
Regulations Approval – however unlike house extensions, there are exceptions:
·
If
the conservatory is at ground level and less that 30 square metres
·
The
conservatory is separated from the house by a door or window.
·
The
conservatory has an independent heating system
·
Electrical
installations involved will be subject to the usual Buildings Regulations
Approval regime.
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