Planning Permission responsibility

Hi

I have been asked to build a conservatory for a customer. Is it my responsibility to check if planning permission is required?

Look forward to a response.

Thanks.

no. it is the homeowner.

it would not hurt to advise though.

what makes you think it requires p.p.?

Under common law, as a professional person in this line of business, you would be expected to know, or to be in a position to advise specifics about the work you do.

As such, in this instance you would be expected to check if PP was required (and building regs, and anything else related to building it, but not covenants or easements) and advise the customer accordingly, or at the least advise the customer that a check needs to be done to confirm if PP or other permissions are required or not. And you should only start once this has been done.

Whilst it is the homeowner who would be ultimately responsible for the consequences of not getting any permissions, they would have a valid claim against the professional person for not giving advice or information which they could be expected to have known. So they would seek to claim any losses back from you.

If you are just the neighbour doing a bit of DIY to help them out, then the above would not apply

Hi noseall

Thanks for your reply. Because she has had a kitchen extension already built, probably by the previous owner as it looks quite old, I'm wondering if she will exceed her cubic metre allowance of 50m3. She has not given me any plans to work to yet so I don't know for sure.

Hi Woody

Thanks for your reply. She has replied to a flier I put through her door, but the flier does not mention building conservatories, in fact it is promoting more home improvement work such as decorating, general carpentry, patioes etc. Would I still be expected to know? I understand the various elements of building a conservatory but have never built one or any extension of any kind. I am confident I can build it though.

Having said this I will ask her first before starting as you have advised.

Cheers

If you are doing this as a business (whether your main business or not) then it would be expected that you would have professional knowledge of what you are doing.

Your best bet would be to ask the client to check and confirm if she needs any permission or not.

Another question I have is to do with building regulations. I understand that if the following criteria are met then building regulations do not apply to conservatories.

1) Must be single storey
2) Must be situated at ground level
3) Must be less than 30m² in floor area (measured internally)
4) Must be separated from the original house (or other building) by a combination of window(s), door(s) or walls. (See Example 1) So that they can be closed off from the original house when not in use.
5) Must have at least half the area of the walls formed of windows
6) Must have at least three quarters of the area of the roof formed of glazing, polycarbonate sheets or similar translucent material
7) Glazing satisfies the requirements of Part N of Schedule 1, ie toughened safety glass.

The query I have is regarding the area of the walls that is formed of windows. We intend to build in a corner, ie between the back wall of the house and the neighbours extension wall. In effect, we will only be building one new wall in an arc shape from the end of the neighbours extension wall around to the back wall. This will be glazed with a brick dwarf wall. Does the rule of 'half the walls need to be glazed' include existing walls or just new walls.

Any advice will be greatly appreciated.