Time To Alter?

With SDLT through the roof, is it time to dig deep to make the most of your property?

It may not even be necessary to do much digging. If you already have a cellar this could be ripe for conversion to additional living or luxury storage space. What might you need to consider?

Building regulations

Not to be confused with planning requirements, building regulations set standards for the design and construction of buildings to ensure the safety and health of the people in them.

A simple conversion of a basement to living accommodation would require building regulation consent to ensure that the new area meets the requirements for matters such as ventilation, ceiling height, damp proofing, and electrical wiring. The building control department of the local authority should be advised that the works are taking place. They will need to inspect on completion to issue a certificate that the works are compliant.

Planning permission

In basic terms, planning permission is required for development which results in a change of use to a property or where works are undertaken to the exterior of a property e.g. an extension. More minor works (extensively defined in the relevant legislation) are often permitted without the requirement to obtain such permissions. These are authorised under permitted development rights. However, local authorities can elect to remove these rights from selected areas at any time.

If you are considering the creation of a basement extension of one storey only, which extends no more than three metres past the back wall of your house (as unextended), includes no lightwells or any other development visible above-ground, and arguably doesn't require "engineering works" to construct, you may have permitted development rights for your development. This does, of course, depend on the exact specifications of your project.

Permitted development rights for basements have been a cause for concern across London in the past few years. Albeit the completed basement development may not be visible from the street, the increased construction noise, dust and traffic issues that accompany such development have given rise to real objections and push-back from neighbours and therefore, local planning authorities. Numerous authorities, including Westminster and Kensington & Chelsea, have withdrawn permitted development rights for basement developments across their boroughs. Other London local authorities, such as Wandsworth, are also considering...

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