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What are the planning and building rules for constructing a soakaway?

A soakaway does not normally require an application for planning permission provided it deals with surface water and does not discharge into a public sewer. Additional regulations may apply if you are in a conservation area or within the boundary of a listed building.

Building regulations will apply to the creation of a soakaway. The soakaway must comply with Part H of the building regulations which specifies where they can be located and the size that is permitted.

Read more about Approved Document H.

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Common Questions

Do I need permission to remove chimney stack on a property in a conservation area?

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.

Do i pay for a planning or building control application if i am registered as disabled?

If your proposal for planning permission or building regulations approval is solely for extensions or alterations to a disabled person’s house to improve access, safety or comfort then you are exempt from paying a planning or building control fee. Additionally, if you are providing means of access for disabled persons to public buildings you are exempt from any fee.

Note that for building regulations approval, you will only be exempt when applying to a local authority building control body.

What do I need to know if I want to add an internal wall to make another room in my house?

Adding an internal wall will not require planning permission or building control approval in most cases. If the building is listed, then you may require listed building consent to make a major alteration to the house.

Any work completed should adhere to building regulations, ensuring fire routes, electrics and ventilation are considered.

Do I need planning permission to raise garden level?

Raising your garden level a small amount is likely to not require planning permission as it is likely to have minimal impact on the chances of flooding or overlooking your neighbours.

Increases of over 30cm may require planning permission as a significant change can impact drainage or your neighbours. If the changes are close to a boundary, you should consider whether it will overlook your neighbours or be intrusive.

You should contact your local planning authority to understand whether your proposed changes will require planning permission.

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What is the ‘principal elevation’?

The principal elevation is 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. There can only be one principal elevation of a house.

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