Estates Management Policy

Building Warrants

In some cases the tenant may require a building warrant prior to commencing work. Below are some guidance notes on when a building warrant is necessary. This will only be the case if the tenant intends to alter the structure of the property by adding an extension or by removing or knocking through internal walls.

The following single storey detached and attached buildings ancillary to a house (NOT a flat or maisonette) can be built without a Building Warrant subject to the conditions outlined below.

Detached from the house:
(a) Garage
(b) Garden Hut or Store
(c) Buildings for keeping animals, birds or other livestock for domestic purposes.
(d) Carport
(e) Covered Area
(f) Greenhouse
(g) Summer House
(h) Swimming Pool Cover

Subject to the relevant conditions and not containing sanitary accommodation.
Attached to the house:
(i) Conservatory located at least one metre from any boundary.
(j) Porch located at least one metre from any boundary.
(k) Greenhouse
(l) Carport
(m) Covered Area

Subject to the relevant conditions.

Walls and Fences
A Building Warrant is not necessary for a wall up to 1.2 metres high or a fence up to 2 metres high.

Conditions
In every case the building:

Requires to have an area not greater than 30m2 except for a porch or conservatory, which requires to be not more than 8m2.
Cannot contain any heating appliance designed to burn solid fuel (including coal, wood and peat) gas or liquid fuels (including oil and paraffin); and
In the case of DETACHED buildings (a), (b) and (c) it requires to be located within one metre of the house and a minimum of 500 millimetres from the boundary or alternatively more than one metre from the house, with no restriction on the distance to the boundary.
Is situated on land within the boundaries of which there are no harmful or dangerous substances

If it is necessary to alter the existing house when constructing a building which is exempt it may be necessary to apply for a Building Warrant for the alteration, e.g. when building a conservatory a Building Warrant may be needed to form the door opening from the house into the conservatory although the conservatory itself is exempt.
The erection of an exempt class of building should not result in the existing house failing, or failing to a greater degree, to meet the Technical Standards, relative to the Building Regulations, e.g. ventilation and day lighting to rooms, sub-floor ventilation, proximity to flues, access and protection of drains, bridging of damp proof courses.

Definitions

Boundary
Means a boundary between land on which the house is situated and land in a different occupation.

Carport
Means a roofed building for vehicle storage, which is open on at least two sides except for roof supports.

Conservatory
Means a building attached to and having a door separating it from the house and having not less than three quarters of the roof area and not less than one half of its external walls made of translucent material.

Covered Area
Means a roofed building which is open on at least two sides except for roof supports.

Greenhouse
Means a building used mainly for growing plants, which is not entered from a house.

Porch
Means a building attached to and providing a covered entrance to a house.

Although this manual provides a useful guide, it is not a complete list of all works that may not require a Building Warrant.

For further advice, staff will liaise with Building Control Officers.

Owner/occupiers
Permission to carry out work, where responsibility is shared with an owner.

In some cases a tenant may ask for permission to carry out alterations, and the responsibility is shared with an owner. Examples of this include:

Erecting fencing
Colour washing the exterior of the property
Replacing the front door of a common entrance.

Housing Officers will contact legal services to check the situation regarding the owner's title deeds. The owner may have a responsibility for a share of the cost. The tenant will need to come to an arrangement with the neighbour, and provide confirmation in writing from them, that they agree to the work going ahead.

Repair work involving owners is covered in more detail within The Council's Repairs Procedures.

Laminate Flooring
The use of laminated flooring can often cause problems for landlords. The Council considers the fitting of laminated flooring to be an alteration to the property, and the tenant must request permission before carrying out the work.

Permission will only be granted where any associated noise is not likely to impact on neighbours. For example, permission may not be granted to tenants living in upper flats where noise is already an issue.

Specific conditions will form part of the permission:

Access as specified by the Housing Inspector must be made available to allow repairs and maintenance of pipe work and cabling beneath the floor.
The work must be carried out to an acceptable standard.
The laminated flooring must not create a noise nuisance to neighbours.
The tenant will be responsible for any repairs to the laminated flooring.
The laminated flooring must be kept in a safe and acceptable condition at all times.
Adequate soundproofing materials must be used in the fitting process.

The Council reserves the right to remove the laminated flooring, and charge the tenant for the cost, if any of the conditions of the permission are not met.

CCTV
All requests from tenants to install CCTV home security systems will be considered by the Area Housing Manager. Generally applications will be refused on the ground that it may constitute an invasion of the privacy of others.