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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.

Common Questions

What do I need to know about new foundations for an extension?

Foundations are required to carry and distribute the load of the building safely. Therefore, all buildings should have adequate foundations. The factors that need to be considered when designing a foundation are:

  • Type of soil
  • Adjacent structures
  • Trees
  • Drains and sewers
  • Size and construction of the new building
  • Ground condition
  • Landfill sites

It is advisable to contact a structural engineer or speak to a building control body about plans for new foundations. 

Read more about foundations for extensions.

What are the rules for installing a septic tank in the garden?

Installing a new septic tank in your garden will often require both planning permission, building regulations approval and a septic tank permit.

The planning permission will ensure that the tank is installed in an appropriate location with information being provided to understand any potential implications for the surrounding environment and water.

Building regulations is required for the installation of a septic tank to ensure it meets the drainage and waste disposal standards set out in Approved Document H.

Where possible it is recommended that you connect to an existing public sewer instead of installing a septic tank, this reduces waste entering the waterways.

For more information visit our drains common project or contact your local planning authority.

What is the process for applying for planning permission?

When you, or an agent acting on your behalf, have submitted a planning application, the local authority will firstly check the application to check if it’s complete. This validation process allows the authority to ensure everything that is required to decide an application has been received and provided correctly. They will contact you if they require any further information from you.

After the application has been validated, the determination process begins and takes up to 8 weeks for smaller applications, or up to 13 weeks for larger applications. The authority should be able to give you an idea about the likely timetable. The local authority will contact you with their decision.

Read more about the decision-making process for planning applications.

What permissions do I need to install a hot tub in my garden?

You typically will not need planning permission to install a hot tub in your garden, as it is classed as an outbuilding and within the permitted development rights in terms of size and portability. However, you may need planning permission if you live in a listed building or conservation area, you should check first with your local authority.

The hot tub will need to adhere to the building regulations in terms of safe and adequate electrical installation by a registered competent person. Find out more about using a registered competent person.

Also, if the hot tub is placed within a building such as a large shed-style structure, there will be separate planning and building control limitations on that structure.

What are use classes and change of use?

Categorising land and buildings according to their type and purpose is known as Use Classes.  

A 'Change of use' can be within the same Use Class or from one Use Class to another.

You will need planning permission for certain changes to the use of a property such as changing from a residential use to a business use. However, it is possible to change use between some classes without having to make an application for planning permission.

Depending on the specifics of any proposed change of use, including any building work associated with the proposal, an application for planning permission or prior approval may be required.

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