Permitted development in a conservation area: why might I need planning permission to replace the windows in my home?
Question: I intend to replace the windows in my home. I don’t believe it is necessary to obtain planning permission for this work — but am I right about that?
Answer: Where your property is a freehold house, then it will generally be possible to replace your windows without planning permission, provided that the appearance and materials of the new windows are similar to the existing ones.
The appearance of the new windows is particularly relevant if your property falls within a conservation area.
If your property is subject to an Article 4 Direction, this removes the “permitted development” right to replace your windows.
Where this is the case, you should contact your local council to discuss your proposals further, as planning permission may be required.
In the event that your property is listed, you may need to obtain listed building consent for the work.
If you live in a flat, permitted development rights do not apply. As such, where the new windows are materially different to the existing ones planning permission will normally be required.
The consent of your landlord may also be necessary and the lease should be checked to clarify this aspect.
Once the works have been completed you should ensure that the company responsible for replacing your windows issues you with a FENSA certificate, which confirms compliance with building regulations.
These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.
If you have a question for Piers King, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE.
Questions cannot be answered individually, but we will try to feature them here.
Piers King is a solicitor in the property department of Streathers Solicitors LLP.