How far exactly you can expand WITHOUT a building permit for new plans
MILLIONS of homeowners will be able to build larger extensions and loft conversions without the need for permission.
Michael Gove yesterday announced a series of policy measures, including changes to permitted development rights, to allow people to extend their homes outwards and upwards.
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A consultation on the proposed changes sets out how homeowners can build wider and taller extensions without planning permission.
The plans include L-shaped shells, loft conversions and kitchen extensions.
The documentwhich was published on Tuesday, also proposes to scrap rules that mean extensions and other buildings cannot take up more than 50 per cent of the surrounding land, known as 'curtilage'.
Homeowners will also be able to convert as much attic space as they want without permission.
It is part of a wider Conservative effort to support 'soft densification' of towns and cities across the country.
The Leveling Up secretary also wants to put pressure on local councils to build new homes in a bid to solve the UK's housing crisis.
You are creating a civil war. It will not work.
David Toogood
But the planning reforms led to fears of a wave of neighborly disputes.
Gove has been accused of creating a 'civil war' as disputes over kitchen extensions that encroach on garden fences and loft conversions that block out light are likely to increase.
David Toogood, of Harding Chartered Surveyors in south-west London, told the story The Telegraph: “If you let neighbors make these changes to their properties without having control over them, you will create a civil war. It won't work.
'Our sector will rub hands. There will be a huge amount of work for surveyors and lawyers to sort out this mess.
“It will cost people thousands to get lawyers and surveyors involved.”
“Extensions and rebuilding of houses can often lead to conflict between neighbours, so a relaxation of the planning system could naturally lead to more extensions and therefore more conflict on both sides of the fence,” said Noble Francis, director of economics at Construction Products Association. .
Gove's proposed expansion plans
One-storey extension
Current rules: Limited to 3 meters deep for most houses and 4 meters deep for detached houses.
New rules: increased to 4 meters depth for most houses and 5 meters for detached houses.
Rear two-storey extension, highest point
Current rules: Must not be higher than the highest point of the house.
New rules: May be as high as the highest part of the house, but cannot be visible from the street.
Attic extension
Current rules: Limits conversions to 50 cubic meters in most cases or 40 cubic meters in terraced houses.
New rules: Homeowners may convert as much attic space as is available.
L-shaped extensions
Current rules: A building permit is required.
New rules: no building permit is required.
Extension sizes
Current rules: Extensions and other buildings may not occupy more than 50 percent of the surrounding land, known as 'curtilage'.
New rules: Can cover more than 50 percent of the area.
Under the proposed rules, restrictions on single-storey rear extensions will increase to 4 meters in depth for most houses and 5 meters for detached houses.
Two-storey rear extensions can be as high as the highest part of the house – if not visible from the street.
Meanwhile, L-shaped extensions, which wrap around the two sides of a house, do not require planning permission.
Homeowners would also be allowed to convert as much attic space as available.
The current rule limits conversions to 50 cubic meters in most cases or to 40 cubic meters in terraced houses.
How to appeal and win if your home extension is rejected
EXTENSIONS are a great way to improve your home and save money, as extending is often cheaper than moving.
But any construction work can quickly cause problems with your neighbors if you do not follow the rules.
Andrew Cann, director of Plan immediatelya planning consultancy based in the east of England, said there are ways to appeal if your original application for an extension is rejected.
Here's what you need to know:
How do you actually appeal?
To appeal, you must prepare a Statement of Case.
This is a document that sets out why you believe the extension should be granted in terms of planning policy. An expert can help you with this, but they will charge costs for this.
This is sent to the Spatial Inspectorate together with an objection form.
This is a government body independent of your local authority who will check whether the planning authority that refused you has done so correctly.
Normally there are no costs associated with submitting an objection to the Spatial Inspectorate.
The main costs are the fee you must pay to an advisor or lawyer to prepare and manage the case on your behalf. The amount depends on the case.
How do I win my appeal?
The truth is, there is no guarantee that you will win your appeal – and you should be wary of any attorney or advisor who promises you a victory.
“Any adviser who says an appeal will definitely be won should be avoided,” Andrew said.
That said, there are some tips that can help you on your way to victory.
“Look around – if other homeowners in the area have made similar changes, there's a good chance you'll win,” said Andrew.
Another thing to be aware of is that your application may have been rejected due to a technical issue or simply due to a missing detail.
“Sometimes it is worth reapplying with an amended version if the council only wants minor changes. A new application is free within one year of the first refusal,” said Andrew.
But if an appeal is mishandled and denied, it can “destroy” the property and you will not be granted permission in the future.
There are some challenges if you want to appeal.
You must establish that the extension complies with local planning policy and, importantly, will not cause harm to others.
A spokesperson for the Department for Leveling Up, Housing and Communities (DLUHC) said: “We are committed to delivering the right homes in the right places, and enabling people to extend their homes outwards and upwards.
“Our loft extension proposals aim to free people from the burdensome planning permission process, giving householders greater flexibility to meet the needs of growing families and maximize the potential of their homes.”
The government's eight-week consultation on the proposals will run until April 9.
It comes as Gove is set to intervene in London to push for more developments on brownfield sites in the capital.
He wants every council in England to prioritize housing on brownfield sites as part of new plans.
Additional pressure will be put on larger councils that fail to meet housing targets.
Today marks another important step forward in our Multi-Year Housing Plan.
Michael Gove
Rishi Sunak says in an article in The Times that he understands people's “anger” that owning their own home “feels too far away for too many people, especially the younger generation.”
But he also sought to address the concerns of some Tory voters, writing that the government would not “simply ignore people's concerns or bulldoze local opposition”.
“The only thing that would build up is resentment,” he said.
Gove said this measure would “tackle under-delivery in our key towns and cities”.
The proposed reforms, part of a consultation running until the end of March, will make it harder for the largest councils to refuse development on brownfield land if local housing targets are not met.
The 'brownfield presumption', which covers the 20 largest towns and cities, will make it easier to get permission to build on previously developed sites, the DLUHC said.
The planned changes come amid efforts the government hopes will cut red tape, preventing abandoned sites and unused buildings from being converted into homes.
Legislation is being drawn up to change planning regulations to make it easier for commercial buildings to be repurposed.
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How can I challenge a neighbor's development?
If a new or existing structure blocks light from entering your home, you have the right to challenge it.
The first thing you should do is talk to your neighbors; they may not realize the impact this has on your home.
If they are unwilling to reach an agreement, you have the right to take legal action, but be aware that this could be costly.
First, you can try a mediation service, which acts as a neutral third party and helps opposing parties find a compromise.
RICS has established a Neighborhood Disputes Service to negotiate agreements between homeowners.
If you decide to take further action, you should hire a professional lighting specialist who can assess the impact of the development.
Raising the issue before construction begins can ensure that the need for natural light is taken into account and legal action and attorneys can be avoided.
However, even if the construction work is completed, neighboring homeowners can make a right to minor claim for compensation or modification, provided that evidence is provided.
If it gets as far as the court, judges can award financial compensation or order changes to restore natural light.
The amount of available compensation depends on the situation.