Open plan living is becoming more and more popular. Many homeowners are therefore removing walls within their property but may not realise that there are planning considerations to be taken into account. Whilst it seems simple to knock down walls, walls are there for a purpose and many have an important structural role to play which, if removed without proper consideration, could cause serious problems! In some cases you may need the advice of a structural engineer.
Is planning permission required?
Generally, you do not need planning permission to carry out internal alterations including building or removing internal walls. However, you should check with your local authority before carrying out any works. If your property is a listed building, you will need listed building consent.
What about building regulations?
There are typically two types of internals walls:
• Load bearing
• Non-load bearing
Load bearing walls are walls where the wall provides separation between rooms and is also required to transfer loads from other parts of the structure such as the roof and floors etc down to the foundations.
Non-load bearing walls provide separation between rooms but are not required to transfer loads.
If you wish to build a new wall, remove one or form an opening, building regulations will normally apply to ensure that as well as ensuring the works are safe to carry out, that fire safety, sound and ventilation considerations are taken into account as well. Some non-load bearing walls can be removed without building regulations but you should always check first. Building regulations will always apply if you wish to remove load bearing walls that provide support.
Other considerations such as electrical wires, gas pipes etc. will also need to be taken into account.
What happens if I didn’t obtain building regulations?
If you take down a wall without applying for building regulations consent, you cannot be sure the works have been carried out safely. If the council then discovers the works haven’t been carried out with the necessary building regulations, you could face enforcement proceedings.
There are therefore two options when you come to sell if you have not obtained the required consents/approval:
• You could regularise the work with the local authority (this is often time consuming, would hold up the sale and there is always the risk that the work cannot/will not be regularised)
• Take out an indemnity policy to cover against any risks of not having obtained the necessary compliance certificates. However, you must be careful not to approach third parties in relation to any possible non-compliance with building regulations or indemnity cover will not be available to you.
You should also be aware that if you live in a flat or leasehold property, you may also need to gain the consent of the freeholder/landlord if you wish to take down internal walls. If consent is not obtained, you could be in breach of your lease.
PardoesSolicitors