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What is a habitable room?

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.

Common Questions

Do I need permission to create an opening for a new window?

Inserting new windows which look similar to those previously used in the house will often not require planning permission. Some rules apply to new additions, for example if they are on an upper-floor side elevation they must be obscure glazed and non-opening or more than 1.7 metres above the floor.

Installing a new bay window on the front elevation would require planning permission as it is classed as a forward extension.

If you live in a listed building or conservation area you should contact your local planning authority.

 Any new openings will have to comply with building regulations, this may impact thermal heat loss, structure, ventilation and fire safety.

You can use a member of a competent person scheme to complete any work, this will ensure that the work is completed in-line with regulations.

What is prior approval?

Certain types of development are granted planning permission by national legislation without the need to submit a planning application. This is known as 'permitted development'. In order to be eligible for these permitted development rights, each 'class' specified in the legislation has associated limitations and conditions that proposals must comply with.

One such condition on certain classes of permitted development is the need to submit an application to the local planning authority for its 'prior approval; or to determine if it’s 'prior approval' will be required.

This allows the local planning authority to consider the proposals, their likely impacts in regard to certain specific factors (e.g. transport and highways) and how these may be mitigated.

For more information on prior approval, read guidance on prior approval consent types.

Can I change my house to a shop with a flat above?

Yes, but this type of conversion will require full planning permission. This is because you’d be changing the use of the ground floor from residential to commercial (typically to a use class such as E), while the upper floor would remain as a residential flat (Class C3). The change of use triggers the need for planning approval.  

Find out more about change of use

What is a designated area?

A designated area is situated within a World Heritage Site, Conservation Area, Site of Special Scientific Interest, National Park, or an Area of Outstanding Natural Beauty, the area is protected by law due to its architectural or historic interest or landscape.

Due to this protection, there will be further limits on what you can do to your property if it is within such an area, for example building an extension, changes to the roof, or work to trees. Restrictions will be put in place and permitted development rights will not apply.

If you live in a designated area, you must seek advice from your local planning authority before starting any work.

How much does a planning application cost?

There are different planning fees for England and Wales, and many different application types depending on the work being carried out.

You can use the Planning Portal's fee calculator to work out fees for different kinds of proposal.

Use the fee calculator (England)

Use the fee calculator (Wales)

 

While every effort has been taken to ensure that the fee has been calculated correctly, the determination of whether a planning fee is correct is the responsibility of the relevant local planning authority, who will check the fee is correct when the application is submitted and validated.

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