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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

..to think it's mad you can just build an extension without notifying the council?

29 replies

Thebiggerthecoffeethebetter · 03/09/2021 16:29

...if I have understood permitted development rights correctly....

you can just have a builder start building an extension.. (with relevant sign off by the building control people at all the stages obviously).

It seems mental doesn't it...but this is how I am understanding all the reading I'm doing. That LDCs are not mandatory but you can have one if you want. I would phone the council but they have suspended all phone advice because of COVID.

Has anyone here built their extension (conforming to permitted development) and gone ahead without getting one of those LDCs? There must be loads of you...?!

OP posts:
bananapumpkin · 03/09/2021 16:33

I haven't personally had an extension built but I don't see why it's mad.

The opposing view is that it's mad you can pay hundreds of thousands of pounds for a piece of land and not be allowed to build anything on it.

whatthejiggeries · 03/09/2021 16:44

There is still limits and rules around it and it still needs building control so no it's not mad. In fact I think they should relax the rules some more - some of the limitations are ridiculous

Hekatestorch · 03/09/2021 16:48

I am confused

Do you mean a LDC or planning permission.

An LDC is proof that the work is within permitted development, where you don't need planning permission.

Not all extentions require planning permission and I don't think you have to have an LDC. The planning portal states

While it should be possible in most cases to decide whether or not a proposed project qualifies as permitted development there will inevitably be instances where the decision is less clear cut.

If there is any ambiguity or question over whether your proposal passes the permitted development tests you have a number of options. It may, for instance, be possible to alter your plans to ensure they meet permitted developmentlimits and conditions.

For peace of mind you may choose to apply for a lawful development certificate (LDC). This is not the same as planning permission but is proof that your household building work is lawful.

RumJerrySailorRum · 03/09/2021 16:51

It Depends on the size of the extension doesn't it, as to whether or not you need planning??

copsford · 03/09/2021 16:51

@bananapumpkin

I haven't personally had an extension built but I don't see why it's mad.

The opposing view is that it's mad you can pay hundreds of thousands of pounds for a piece of land and not be allowed to build anything on it.

Yes. .people should just be allowed to build any old shite..oh yes it's happening all over the country endless builds of ugliness
Proudboomer · 03/09/2021 16:53

I have done two extensions under permitted development.
You don’t just start building without any input from the council.
My builders have always handled the paperwork for me but their is a fee to pay when the plans are submitted, inspections throughout and then a final inspection before it is signed off.

One of the changes the council insisted on for a plan to add another bedroom upstairs was the window overlooking a bridle path had to be frosted glass. Complete waste of time as it only overlooks the bridle path and dog walkers who I am sure don’t care either way.

Thebiggerthecoffeethebetter · 03/09/2021 16:58

@Hekatestorch

I am confused

Do you mean a LDC or planning permission.

An LDC is proof that the work is within permitted development, where you don't need planning permission.

Not all extentions require planning permission and I don't think you have to have an LDC. The planning portal states

While it should be possible in most cases to decide whether or not a proposed project qualifies as permitted development there will inevitably be instances where the decision is less clear cut.

If there is any ambiguity or question over whether your proposal passes the permitted development tests you have a number of options. It may, for instance, be possible to alter your plans to ensure they meet permitted developmentlimits and conditions.

For peace of mind you may choose to apply for a lawful development certificate (LDC). This is not the same as planning permission but is proof that your household building work is lawful.

I am not talking about planning permission no.

I do indeed mean LDC. ( Lawful Development Certificate stating that the work is within permitted development rights).

What I mean is - it just seems crazy that one can just go ahead...as these LDCs are not mandatory (it seems?) but you can have one if you wish for your peace of mind.

If they are really not mandatory there must be lots of people who have built their permitted development extension without them.. where are you all and is this really true?!

OP posts:
Hekatestorch · 03/09/2021 17:03

If they are really not mandatory there must be lots of people who have built their permitted development extension without them.. where are you all and is this really true?!

Why do you want to know where they are? But if you are 100% certain it's within permitted delevoplement and its not mandatory, it would not be a surprise people don't get them.

I don't get why you think it would be crazy to start work, without getting something you don't need to have.

MuffinsAreJustCakesAtBreakfast · 03/09/2021 17:04

@Proudboomer

I have done two extensions under permitted development. You don’t just start building without any input from the council. My builders have always handled the paperwork for me but their is a fee to pay when the plans are submitted, inspections throughout and then a final inspection before it is signed off.

One of the changes the council insisted on for a plan to add another bedroom upstairs was the window overlooking a bridle path had to be frosted glass. Complete waste of time as it only overlooks the bridle path and dog walkers who I am sure don’t care either way.

Yes - that sounds like build regs/control that the builders have handled for you... i think?

Builders have pointed me to build regs people to engage with them and complete their form to get a building regs inspector engaged. That's it...?

Thebiggerthecoffeethebetter · 03/09/2021 17:08

@Hekatestorch

If they are really not mandatory there must be lots of people who have built their permitted development extension without them.. where are you all and is this really true?!

Why do you want to know where they are? But if you are 100% certain it's within permitted delevoplement and its not mandatory, it would not be a surprise people don't get them.

I don't get why you think it would be crazy to start work, without getting something you don't need to have.

An extension is quite an intimidating project to undertake...and dare I say it a bit scary! Just terrified I am mis-understanding what I am reading that's all.

It just all seems too easy.....

OP posts:
GreyhoundG1rl · 03/09/2021 17:08

All the permitted development works show up on our planning portal? The council isn't completely left out of the process at all.

fabricstash · 03/09/2021 17:10

Permitted development rights have been around for quite some time and there are rules. Most people just get a lawful development certificate so when they come me to sell it makes it easier with the solicitors

Morningstar66 · 03/09/2021 17:18

I've done a rear extension, a garden studio and a loft conversion all with pd. You have to stick within certain rules and inform your neighbours. You still need to get e.g engineers and building regs involved but yes it's fine. We even took our loft plans to the council to double check we didn't need planning.

Ok I think the rules are stricter in conservation areas or graded properties so watch that.

Thebiggerthecoffeethebetter · 03/09/2021 17:26

@Morningstar66

how did you inform your neighbours? does it have to be in an official capacity (via whom?) I read you had to inform them for the larger ones in permitted development (the 6m and 8m ones) which this one isn't that size. Obviously they know as we chat.. do I need proof that I put it in writing or something I wonder...

Structural engineer for the steel and the building regs people are in the pipeline yep. Maybe I need to just trust the builder! Grin

OP posts:
Catrina123 · 03/09/2021 17:26

You don't need a LDC if it definitely is permitted development. But it's always advisable to get one in case you've misread the regs, or there's something you don't know about which means pd rights don't apply (condition attached to original planning permission or article 4 direction). When you come to sell your house if you don't have planning permission or LDC, it will often hold up sale of house as the buyers solicitor will want proof it's lawful.

Personally I would get one.

ZaraCarmichaelshighheels · 03/09/2021 17:28

Be careful not all houses have permitted development rights, you will need to check with the council, my house is 40 years old and the development rights were removed at the time of the build, my house is detached on a large plot and to extend I had to get full planning permission, yet terraced houses nearby with tiny gardens can build within permitted development rights because they are older. If your house is relatively new it’s possible you may need full planning permission so best to check first.

LakieLady · 03/09/2021 17:31

My builder BIL has done loads of extensions under PD. He gets the LDC purely to satisfy the client it's fine and on his own properties, to satisfy the purchaser when he sells them on.

I think it's a perfectly sensible system, personally.

spooney21 · 03/09/2021 17:34

We built under PD and architect did the paperwork which did include approval from local planning. Then we needed a party wall agreement and building regs sign off

MilduraS · 03/09/2021 17:39

We did one under permitted development and still had to submit paperwork (our architect did it for us). The only difference seemed to be that our neighbours weren't able to object. We still had to comply with everything else and organise building control and party wall agreements.

GnomeDePlume · 03/09/2021 17:50

We built an extension a few years ago. It was a larger extension but still within permitted development.

We had to notify neighbours as it was larger but so far as I am aware they didnt have any significant right to object.

Just to frighten you a little bit more: I drew the plans which went for Building Control. I drew them in excel (though sent them as a pdf). I'm not in the building trade but I did a lot of research. The extension is still standing.

DynamoKev · 03/09/2021 17:59

Next door have just converted their conservatory to a mostly walled extension with a roof. It was the same footprint.
They didn't seek planning permission or inform us - as far as I know they didn't need to - I don't think it's an issue. It would take up a lot of time and money for trivial things.
Some people up the road submitted plans for an Orangery at the back of their house and the Council said it was permitted development so didn't need PP - again seems logical. I don't think anything would pass building inspection if it was too dodgy.

HungryHippo11 · 03/09/2021 18:05

Why would it matter? It doesn't affect anyone but them.

Chloemol · 03/09/2021 18:10

Yes, a small extension of 3m at the back of the house permitted development with building rev sign off

What’s the issue?

DiscoGlitterBall · 03/09/2021 18:11

So, if PD you don’t need a LDC at all you can get on with it as long as it conforms to the rules. Check out the planning Portal for advice.

However, an LDC may help if you ever want to sell your home and proves that permission is not needed (easier to do it now than when you sell!)

There is a cost for an LDC and it takes time so it’s a balance to be had.

Hope this helps (I’m in the planning business)

CaitoftheCantii · 03/09/2021 18:13

Permitted development and lawful development certificates are different things. You can build an extension under permitted development without having to apply to or check with the Council first. Lawful Development Certificates come in ‘Proposed use’ or ‘Existing use’ These are normally sought to avoid future enforcement action being taken.

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