Planning & Building Regs: The Importance Of Permissions.
The process of gaining permission to build an annexe may sound daunting to some, mainly because it is just such a grey area with online guides offering only the slightest of detail. I regularly come across some rubbish advice around this subject, the majority of which stem from companies with very little knowledge in this area, or from budding annexe-builders who have been wrongly advised before they have even started.
It’s certainly not a subject to be taken lightly, especially when your annexe could cost £50,000 +. The worst advise anyone can offer is to ignore the requirement for any application, or to ignore the existence of a need for it at all!
The more you know, the easier it gets.
In this Guidance topic, I’ve shared some information which shines a light on the importance of seeking Planning Permission, why it is needed and the types of applications you could make. There’s also a bit at the bottom about the requirement for Building Regulations.
1: The importance of Planning Permission.
Let’s not complicate this - your annexe is a building designed to be lived in, so you’ll need LPA permission, approval or acknowledgement of some description. This is because a granny annexe provides an ancillary use, not an incidental one, therefore, it may not be granted automatic permission under your Permitted Development rights.
Each local planning authority in the UK have different rules and guidelines regarding granny annexes. It's crucial to contact your local authority or visit their website to find out the specific requirements and restrictions in your area. We’d recommend searching for your area’s Local Plan which will be found on your Council’s website.
The reality is that if you build an annexe without the relevant approvals, the council can legally enforce its dismantling.
2: Why would I need PP for an annexe?
Planning Permission is your Local Planning Authority’s (LPA) way of controlling the density, appearance and quality of the built development both nationally and in your local area.
By submitting an application, you are demonstrating to your LPA that your development is one that respects the requirements for a quality, practical and contextual built environment, and that the intended use is a lawful, suitable and appropriate one. It stops people from suspending scaled Titanic replicas from the chimney, balconies made of glass coffee tables and greenhouses that reach 230m tall.
There are many legitimate reasons for requiring permission; change of use, impact on amenity, density and over-development, appearance and design, impact on infrastructure, green belt or conservation areas, AONB and listed buildings. Each case is independently different, so we’ll make an assessment on each project’s feasibility.
To name only a few, your LPA will be looking for these key development factors:
Size and height: The size and height of the granny annexe can be a critical factor in determining whether planning permission would be granted in a fair and reasonable manner. It is good practice to work with PD guidelines to proactively ’sweeten’ the design, even if applying for permission grants you a license to design freely - subject to approval, of course. Additionally, the height of the annexe may need to be in line with the main house or within specific limits as set by your site.
Use and occupancy: How you intend to use the annexe can also affect planning permission. If it's for a family member's use (e.g., ageing parents), it might be more likely to qualify for permitted development, depending on your LPA’s Policy documents. If you plan to rent it out or use it for commercial purposes, different rules will apply.
Design and appearance: The design and appearance of the annexe are important considerations. It should harmonise with the main house and not have a negative visual impact on the local built context. Any proposed development should be in-keeping with the local character and design guidelines. A simple ‘log cabin’ or ‘insulated shed’ may not be sufficient enough to maintain a proper design aesthetic, and may be treated as such rather than an annexe.
Access and parking: Adequate access to the annexe and parking facilities may be required, especially if it is used permanently. Ensure that there is a safe and suitable route for occupants to reach the annexe without causing congestion or safety issues. Your annexe is an ancillary addition to your home, so access and parking must be seen to be shared with the main property.
Volumes and proximities: The shape of the building should not become intrusive to neighbours or impede the intended performance of existing dwelling houses. Examples might include daylighting, privacy, access, barriers to maintenance etc. The positioning of your annexe should also demonstrate a clear subservience to your main house, and the design should not demarcate any boundaries that suggests the annexe to be a separate entity to the main property.
3: Types of permission
There are three main types of applications, and each is used to approach the council given a unique circumstance; Householder, Certificate of Lawful Development and the Caravan Sites Act 1968.
Householder
The most common and widely understood application type; it is designed to simplify the planning process by suggesting that you are making improvements and practical alterations to an existing property, i.e., extensions, conversions and outbuildings.
Certificate of Lawful Development
If the design, use and intent of the proposed development has followed guidelines set by your local Council, you can request a Certificate that confirms the lawfulness of that development; it requests the Council’s acknowledgement that it does not require planning permission.
Caravan Sites Act 1968
This legislation grants you the right to install a mobile home, or chattel, within your property cartilage for the purpose of providing accommodation for your family. It should be designed within certain parameters to meet the criteria of being classed as a mobile home which can affect and limit the design of a common annexe, such as its overall height, construction method and access to it throughout the site.
Navigating the planning permission process for granny annexes in the UK can be complex, and the rules can vary from one location to another. Therefore, it's essential to do thorough research, consult with local authorities, and consider seeking professional assistance to ensure your project complies with all relevant regulations.
We offer a double-barrelled service where we assist you with this alongside an experienced annexe planning consultant, who continually achieves success rate of 95%.
Our fee is independent to any building works, and is deductible from the cost of your project if you choose to go ahead with us once approved.
4. Understanding building regulations for annexe building.
Planning Permission and the Building Regulations are individual entities concerned with different aspects of your project. Even if your annexe falls within Permitted Development, Building Regulations still apply to the building work.
Understanding building regulations for a granny annexe is crucial when planning such a construction project. The regulations are in place to ensure safety, accessibility, and quality standards in building design and construction. Similar to how new build homes comply with the building regulations, a proper granny annexe should be no exception since the function is not too dissimilar.
Additionally, the Building Regulations Act 2010 does not describe the nature of an annexe as an exclusion of works, so building regulations will apply.
Here are some key points to consider:
Use and Occupancy: If the annexe is intended for permanent residential use, it should adhere to residential building standards, not just to meet regulations but to ensure a comfortable space for those using it. The distinction between temporary and permanent occupancy is unclear, so a set standard must be identified and achieved.
Structural Integrity: The annexe must be structurally sound, and its foundation and framework should meet the required standards for safety and stability. Timber frames, posts and timber-based beams should be designed and installed to meet the standards set out in BS 5268.
Fire Safety: Building regulations include fire safety measures such as minimum door widths, fire-resistant materials, and the installation of smoke detectors. There are also rules to follow for different cladding types, roof windows and roof coverings, in association with boundary and dwelling house proximities.
Insulation and Energy Efficiency: Granny annexes should meet energy efficiency standards to minimise heat loss and reduce energy consumption. This includes proper insulation materials and techniques, heating systems, and means of fresh air ventilation.
Accessibility: If the annexe is intended for elderly or disabled occupants, it should be designed with accessibility in mind. This may involve wider doorways, ramps, and accessible bathrooms. There are minimum access standards to achieve even when disabled accessibility is not required.
Ventilation: The annexe should provide means of natural ventilation, with kitchen extractors and bathroom ventilators achieving a certain flow rate..
Electrical and Plumbing: Electrical and plumbing work should be carried out by qualified professionals and meet safety standards, and the installations must be also be issued with EICR and G3 certifications.
Quality of Workmanship: Ensure that the construction work is carried out by skilled and certified builders who adhere to building regulations and industry best practices. There are standards and tolerances which can be measured by the inspectors who can request the replacement of unsuitable installations.
Summary
The key take off is that Planning Permission for your annexe should be sought - only because its use and intent is ancillary to the main house, not incidental like a garden room or a garage which are commonly classed as Permitted Development. Only on the rarest occasion have I seen an annexe granted permission under PD rights for its use, not because of the building itself.
It’s also important to understand that Planning Permission is very different to Building Regulations. Planners deal with ‘what’ and ‘where’ it is, building control officers (BCO) are more interested in ‘how’ it is built. Where an annexe may be permitted without a planning application, the need for it to comply with building regulations remains a legal requirement.
Our specialist service covers the complexity of permissions and regulations with design considerations and regulation compliance within Design and Build projects. Self-builders and self-managers will need to be aware of all relevant regulations when building their annexe, and maintain scheduled inspections by an approved BCO. Of course, this is made much easier with our drawing packs!
Failing to comply with regulations, conditions and approved designs can result in legal issues and difficulties when selling a property, so it's essential to adhere to them throughout the construction process. LPA’s can also enforce the dismantling of the building if they find its construction to be unlawful.
We consider ourselves specialists in this grey, murky area of technical loop holes. Get in touch and share your ideas with us, we’ll see what we can come up with.