Flat planning permission

Springal · May 10, 2015

I live in a block of flats and replaced the old windows for uPVC double glazing. I'm now selling and been advised to check the status re planning permission, which I didn't get, but did tell the freeholder.

The windows were like for like in terms of style and look.

Anyone been in this situation before and know ? Other blocks have newer uPVC too so not out of character

Cheshire Cat · May 10, 2015

http://www.planningportal.gov.uk/permission/commonprojects/doorswindows/

deletebeepbeepbeep · May 10, 2015

If the replacement is like for like in terms of style, profile and materials no permission is needed.

Springal · May 10, 2015

I was led to believe flats are exempt from the above, maybe I'll plead ignorance

HAILSHAM SEAGULL · May 10, 2015

deletebeepbeepbeep said:
If the replacement is like for like in terms of style, profile and materials no permission is needed.

Incorrect. You need planning permission to replace windows in flats.Especially if it is leasehold
The OP will need to apply for Retrospective Planning Permission

deletebeepbeepbeep · May 10, 2015

HAILSHAM SEAGULL said:
Incorrect. You need planning permission to replace windows in flats.Especially if it is leasehold
The OP will need to apply for Retrospective Planning Permission

If the works did not materially affect the appearance of the building (i.e. the replacement is like for like) it is not development (as defined by TCPA 1990) and does not require planning permission.

Being a leasehold or not has no effect on what permission is needed, only so far as you are required to notify any other landowner that you have made a planning application.

deletebeepbeepbeep · May 10, 2015

Springal said:
I was led to believe flats are exempt from the above, maybe I'll plead ignorance

As long as the window is like for like or as similar as possible the risk of the purchaser in terms of future enforcement action is practically nil in any case.

However, if you have gone from slimline wood/aluminium to chunky UPVC there is slightly more risk to them.

HAILSHAM SEAGULL · May 10, 2015

Flats do not have any permitted developement rights.
If you intend to materially alter the external appearence of a building containing flats, you will always need planning permission..
This includes installing double glazed windows in place of single glazed windows in a flat, unless the appearence of the new windows would be identical to the existing windows.

chimneys · May 10, 2015

HAILSHAM SEAGULL said:
Flats do not have any permitted developement rights.
If you intend to materially alter the external appearence of a building containing flats, you will always need planning permission..
This includes installing double glazed windows in place of single glazed windows in a flat, unless the appearence of the new windows would be identical to the existing windows.

Why the scaremongering? The OP made it very clear in his initial post "The windows were like for like in terms of style and look."

OP, what you will need to be able to prove to the purchaser, on top of the permission you got from your Landlord, is that the installation was undertaken by a FENSA registered contractor.

HAILSHAM SEAGULL · May 10, 2015

I'm not scaremongering. I'm telling him a fact.
The "like for like windows were upvc before he changed them you assume.
If you replace timber with timber then no problem, but change timber for upvc then you are taking a big risk if a puchasers solicitor does his job correctly.
As a window and conservatory surveyor, I have submitted enough planning applications to last a lifetime to replace windows, but you carry on

Springal · May 10, 2015

So they were old timber frames replaced with uPVC. I do have a FENSA certificate. Conversation with the freeholder was only verbal, nothing in writing

chimneys · May 10, 2015

Fair enough Hailsham Seagull.

Suggest Springal, you contact Council planning department tomorrow, explain situation. I still think it unlikely you will need planning permission, unless you are in a Conservation Area or property Listed, bearing in mind most of country is Upvc, but if they are awkward you will have loads of precedents locally to arm your case with.

Issue with this is it could hold up your sale.

Fingers crossed you don't need pp. Lets face it Eric Pickles has dictated that entire office blocks are able to be converted to resi flats, and homeowners can extend their properties like never before without permission, so would be ludicrous if you were refused bearing mind they are like for like bar material used.

Good luck!

BrianWade4 · May 10, 2015

Springal said:
I live in a block of flats and replaced the old windows for uPVC double glazing. I'm now selling and been advised to check the status re planning permission, which I didn't get, but did tell the freeholder.

The windows were like for like in terms of style and look.

Anyone been in this situation before and know ? Other blocks have newer uPVC too so not out of character

Unless the building is listed, you don't need planning permission (then you would need listed building consent)

Chicken Run · May 10, 2015

Beware if you contact the council planning dept. you will negate any chance of you or buyer getting any indemnity insurance, has anyone else in said block replaced windows, is it converted or purpose built?

Springal · May 10, 2015

chimneys said:
Fair enough Hailsham Seagull.

Suggest Springal, you contact Council planning department tomorrow, explain situation. I still think it unlikely you will need planning permission, unless you are in a Conservation Area or property Listed, bearing in mind most of country is Upvc, but if they are awkward you will have loads of precedents locally to arm your case with.

Issue with this is it could hold up your sale.

Fingers crossed you don't need pp. Lets face it Eric Pickles has dictated that entire office blocks are able to be converted to resi flats, and homeowners can extend their properties like never before without permission, so would be ludicrous if you were refused bearing mind they are like for like bar material used.

Good luck!

Thanks. I did consider speaking to the council but thought they would probably say yes I definitely should...

Springal · May 10, 2015

Chicken Run said:
Beware if you contact the council planning dept. you will negate any chance of you or buyer getting any indemnity insurance, has anyone else in said block replaced windows, is it converted or purpose built?

Purpose built flat. 70s built and the original windows were still in when I replaced them.

Not in conversation area or anything. Not sure if I can check with any of my neighbours, most are rented out but I'll maybe ask the residents association

HAILSHAM SEAGULL · May 10, 2015

Do you need permission
Common Projects
Flats and Maisonettes

I want to change the windows of my flat.

I want to change the windows of my flat.
Planning Permission

The planning regime for flats and maisonettes differs in many important ways to that which covers houses.

You may need to apply for planning permission to fit new windows (such as double-glazing) in your flat or maisonette. You will not need planning permission to add internal secondary glazing.

You should not need planning permission if you are fitting windows which are identical, like-with-like replacements. However, if the new windows differ in appearance or size to those you are replacing (for instance, different glazing patterns) you may need to apply for planning permission.

Local policy and interpretation of the rules covering changing windows in flats varies from council to council and you are advised to contact your Local Planning Authority for advice before starting work.

If you are a leaseholder, you may first need to get permission from your landlord, freeholder or management company

If your flat is in a listed building it is very likely you will need listed building consent and you should contact your local planning authority for advice on design and materials before you start work. Works to a listed building that affect its special historic character without consent is a criminal offence.

If your flat is in a conservation area and your proposals involve an element of demolition then you may need to apply for planning permission for relevant demolition in a conservation area and you should contact your local planning authority for advic

This is an extract of the Planning Portal

Springal · May 10, 2015

So basically, up to the local council then? I am sure not many are going to turn down the chance to earn a few quid !! Thanks all

deletebeepbeepbeep · May 10, 2015

Springal said:
So they were old timber frames replaced with uPVC. I do have a FENSA certificate. Conversation with the freeholder was only verbal, nothing in writing

You need permission then.

deletebeepbeepbeep · May 10, 2015

HAILSHAM SEAGULL said:
Flats do not have any permitted developement rights.
If you intend to materially alter the external appearence of a building containing flats, you will always need planning permission..
This includes installing double glazed windows in place of single glazed windows in a flat, unless the appearence of the new windows would be identical to the existing windows.

Exactly what I said :rollseyes:

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