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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
Replacing the window within a bay window is treated the same as any other window. Meaning that the replacement of windows which have a similar appearance to those previously used would not require an application for planning permission.
Repairs, maintenance and minor improvements will also not require an application.
If you live in a listed building or a designated area then different rules may apply.
For more details on replacing windows, visit our common projects section.
There is no single legal definition of "habitable room", as its use and meaning are subject to context. Generally, a habitable room is a space in a building that is designed for people to live, sleep, or spend extended periods of time in, but does not include bath or toilet facilities, corridors or utility rooms.
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.
A garden gazebo or freestanding awning will often fall under permitted development rights provided it abides by the restrictions set out by government. In this instance a garden gazebo or freestanding awning will be classed as an outbuilding and should not be in front of the house or more than 2.5 metres in height.
Different rules apply if the awning is attached to the house itself. It may still be permitted development, but falls under the class of enlargement, improvement or alteration.
Read more information including the full list of rules for outbuildings
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.
