Removing a chimney stack may fall under permitted development rights, meaning no application for planning permission is required provided certain limits and conditions are met.

The permitted development right which covers this focuses on the installation, alteration or replacement of a chimney, note that this does not specifically mention removal. Rules in a conservation area may differ, in this instance you should contact your local planning authority directly to understand their position, and if the building is listed, then you will need listed building consent.

To ensure that the local planning authority will allow the removal of the chimney stack you can apply for a lawful development certificate. If approved, then no enforcement action can be taken against the change.

If the chimney is shared (i.e. as part of a terrace), you might need to discuss with relevant neighbour and obtain a party wall agreement.

Building regulations approval may not be required if you are removing the external chimney stack above the roof. If works progress to the internal chimney stack or breasts, then it will require building regulations to understand the structural impact.

Read more about planning and building regulations on Planning Portal.

The failure to obtain planning permission or comply with the details of a permission is commonly known as a 'planning breach'.

A planning breach usually occurs when:

• A development that requires planning permission is undertaken without the permission being granted - either because the planning application was refused or was never applied for
• A development that has been given permission subject to conditions breaks one or more of those conditions.

If the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.

There are statutory time limits for enforcement, these vary based on when the breach took place.

If the breach took place prior to 25 April 2024

• Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken
• Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from four years, beginning the date where the operations were substantially completed.

If the breach took place on or after 25 April 2024

• Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for ten years without any enforcement action being taken
• Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from ten years, beginning the date where the operations were substantially completed.

Other time limits:

There is no time limit for enforcement on breaches of planning control relating to relevant demolition.

For any other breach of planning control, ten years beginning with the date of the breach. This predominantly applies to changes of use.

Read more about breaches of planning control and lawful development certificates on Planning Portal.

Planning permission is not required to remove an internal chimney breast as the change does not impact the exterior of the house. Rules may differ if you are planning on removing the chimney stack, or if you are in a conservation area.

If you live in a listed building, then you will need to apply for listed building consent for any major changes to the building.

Building regulations approval will always apply when removing chimney breasts as they are part of the building’s structure. You should seek advice from a structural engineer who will provide drawings and calculations that can be submitted as part of your application.

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Whether raising the height of an external door requires planning permission depends on the location of the door, location of the property and how drastic the height change will be.

For smaller changes to the side and rear of the property, permitted development rights may apply, meaning no application or planning permission is required.

Where the height change will be substantial and have a significant impact on the building’s appearance, planning permission is likely to be required. Especially in cases where the door to be heightened is on the principal elevation of the property.

‍Principle elevation - The most visible or prominent side of a structure, typically facing a street or public area. While often considered the 'front' of the building, it may not always contain the main entrance.

In designated areas such as conservation areas, or on listed buildings you may require additional approvals such as listed building consent.

If you believe permitted development rights apply to a small change, you can apply for a lawful development certificate to ensure this is the case.

Building regulations

Building regulations approval will likely be required where the change impacts the structure of a building, this primarily occurs when an opening is widened. When altering walls you may want to consult a structural engineer.

Adding a permanent wheelchair ramp for access to a home is likely to require planning permission as it will permanently change the external appearance of the front of the house. If the application is solely for improving disable access to the building then the planning application will be exempt from a planning fee.

If you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.

All permanent wheelchair ramps must comply with Approved Document M of the building regulations which specifies the gradient, width and surfaces which should be used.

Read Approved Document M: Access to and use of buildings.