This section is split into aspects you must do (Compliance) and items you should do (Best Practice) for your sanity as well as everyone else’s.
- Planning Permission
- Building Regulations
- Listed Building Control Approval
- Leaseholders
- Party Wall Agreement
- Insurance
Best Practice
Planning permission
When making a major change (ie: extension, conversion)
Check with your local council’s planning portal what they require. You will need to submit architectural drawings as part of your application and there is a cost to seek approval.
Top Tip
Check if you live in a Conservation Area, this could impact your plans.
You may not need an architect but an architectural technician. They are as competent but tend to be lower cost. Check if they have submitted planning applications before, this is a useful route as they will have experience of getting plans passed.
Resources
- Gov.uk: Planning Permission England & Wales
- Scottish Government Planning Permission Guide
- NI Direct Gov Services, Planning Permission
Building Regulations
Building Regulations Approval
Definitely when impacting structural integrity (ie: roof replacement, wall removal) typically for smaller jobs (ie: windows).
Check with your local council’s planning portal.
NOTE: This section is in review with our contact Building Control expert to ensure this complex new law is explained effectively.
There is a new Building Safety law meaning you are responsible for this area. We have written an article on the critical aspects of what you, and your tradesperson, needs to do (see Resources for this section)
Top Tip
You can apply yourself OR use a Registered Building Control Approvers (RBCA); they must have completed their registration with the Building Safety Regulator (BSR) before 06th April 2024 to meet new laws. If your builder provides an approved Inspector, check they are registered.
If you are completing any work that requires building control (or certification sign off) get them to sign a document that they understand the new law and their responsibilities as the legally responsible person for defects that appear even years after the work is complete.
If they don’t sign they may not be aware of the new law and how it applies to them but it also may help sort the wheat from the chaff.
Resources
- Gov.uk: Building Regulations Approval England, Wales
- Scotland (Building Warrant)
- Building Control N. Ireland
- CAST Article on new Building Regs Laws (WIP, this is complex to simplify)
Leaseholders
In addition to needing other permissions, check your lease to understand the process to make changes which is likely to include informing the freeholder/landlord and obtaining their consent.
Listed Building Control (LBC) Approval
If you live in a listed building you have a legal requirement to seek LBC Approval. Applications are typically made through your Council’s Planning Portal and can typically have an impact on your plans, timescale and costs.
Listing normally protects the entire building both inside and out and any structures which are either attached to the building (including modern extensions) or fall within its curtilage. It sometimes includes garden walls, outbuildings and even statuary within the garden.
Top Tip
If you start work without permission you can receive an enforcement order to replace the property as it was before the work started within a specified timescale.
If you carry out smaller internal changes without permission you may be unable to sell your home as conveyancers will require copies of the LBC approval.
Resources
- Historic England: Listed Building Consent
- Legislation.gov.uk: Enforcement
- Listed Property Owners Club Note: this link takes you to free resources including ‘Works to a Listed Building’. You do not have to join/pay to access these resources.
Party Wall Agreement
Legally required if you are working on:
- A shared wall between a semi or terraced house
- A floor between flats
- Cutting into a party wall in full or part ie: inserting an RSJ due to an internal wall removal
Party Wall: Surveyors
You will need to appoint a surveyor if:
- The neighbours do not respond within 14 days
- You and the neighbours cannot agree on the works
- You are building a wall or structure on the boundary line
- Excavating within 3 metres of someone else’s foundation
Typically you will need to cover your neighbours surveyor costs. Costs can be kept down (and time reduced) if you can agree on the same surveyor.
Top Tips
Get this resolved before starting any work.
Do not start work without an agreement in place. This is a legal requirement and can get very expensive.
Use a Chartered Surveyor as qualified by the Royal Institute of Chartered Surveyors (RICS). They have a rigorous process and requirements for entry and sustained membership.
Resources
- Gov.uk: Party Walls & Building Work
- RICS: Find a Party Wall Surveyor
- Anstey Home: Choosing a Party Wall Surveyor for a lighter overview plus additional downloadable resources
- RICS: Party wall legislation and procedure if you want the big, chewy and in depth reading experience.
- The Party Wall Act 1996 does not apply to Scotland or N. Ireland where common law is used.
Insurance
NOTE: This section has been reviewed and edited by the Association of British Insurers.
Before you start work, speak to your insurer or broker to understand any implications for your insurance cover and so they can be aware of any significant changes.
Renovating your home increases the risk of damage or loss, so your insurance provider needs to price your home insurance accordingly.
If works are relatively minor, your current policy might cover you – but it’s always best to check.
The majority of standard home insurance policies will not allow for major or structural renovation work so extra cover may be required.
Inform your insurer or broker of your plans
- Inform them of what changes to your property you are planning and ask them what details you need to provide and how any changes might impact your home insurance.
- If you are carrying out the work yourself, ask them if there are any implications if things don’t go as planned. Importantly, do not attempt to cut costs by doing DIY jobs you’re not qualified to do.
- Ask if there is any cover provided for third party contractors coming into your home. Things like if a contractor has an accident that causes an injury in your home, or accidental damage caused by tradespeople.
- Ask if the works uncover a situation that requires you to move out, what is provided for under your home insurance.
- If you will need to move out of your property during the work then you must let your insurer know. Check that your cover will continue for the period you plan to be out of your property and make sure you speak to your insurer if you may be breaching any limits for time out of your property.
- If the work is likely to lead to an increase in the rebuild cost of your home e.g. an extension or extra bedroom, then make sure you inform your insurer/broker of this.
Providing information before starting any major works
Depending on the nature and extent of the works, you may be asked to provide some more information or documentation. Make sure that you do this before carrying out any work.
Ask your insurer or broker what they require, but this might include:
- Details of any contractors you are using
- Plans for the works being undertaken (if they are significant).
- Expected costs and duration of the works.
- Approved planning permission for any works.
Plans inevitably change along the way during a renovation project. Just make sure you keep your insurer informed and retain copies of all communication in your files, and update your project diary.
Top Tip
If you do not tell your insurer that your home is undergoing renovation, your policy might become invalid in the event of a claim. In particular anything that causes essential services or the structural integrity of your building to be impacted. If in doubt, speak to your insurer or broker.
Examples of works that you should speak to your insurer about before going ahead:
- Adding an extension
- Removing a load-bearing wall
- Converting a loft or garage
- Fitting a new roof
- Installing new windows
- Making changes to the wiring or plumbing
- Installing new cladding
Insurers will take different approaches to these types of risk. You may be able to get some expanded cover to cover the works and different insurers may want different information from you.
You may also need to source some extra cover yourself depending on the type of work you are undertaking, for example, legal expenses cover which can cover expenses resulting from taking legal action against another party – such as a builder for shoddy work. It can also protect you if legal action is taken against you. If you feel you need additional cover for separate risks speak to an insurance broker
Remember as well to check that any contractors you use are adequately insured for public liability and professional liability.
Resources
- British Insurance Brokers Association to find additional, new or replacement cover to meet your needs.
- British Association of Insurers governing body. Home Insurance page.
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Best Practice
This section relates to Best Practice on being a good customer. For Best Practices in other areas please refer to the appropriate section under Progress Steps. Resolving issues or if the relationship starts to break down see the Resolution Advice section (WIP) or contact us.
Make Your Mind Up
Take as long as you need to figure out what you want but once you have completed the scope try not to change your mind. It will increase
- Costs
- Time
- Complexity for contract management
- If changes are not effectively costed and managed, this can lead to strained relationships between you and your tradesperson.
- Other trades having to come back
It may also cause finished work to be undone and re-done which will be expensive and time consuming.
If you must change your mind:
- First, ask your tradesperson “What impact would it have to…..”.
- They should be able to let you know costs and time scale impacts.
- You can then make decision on is it really necessary? Or is it too expensive this far down the road.
- Bear in mind this will also cause a knock on effect to the timing of the tradesperson’s next project. .
There WILL be times when the tradesperson needs you to make a change.
- This is typically because they have found something that needs a solution.
- The solution typically has costs and time scale impact you need to be aware of and agree on.
For both scenarios, you need to manage Scope Changes to ensure communication on timing, costs and expectations are crystal clear for all parties.
Top Tips
You will have months before you start to define what you want. Deciding mid-project on a change will be painful. Get your requirements sorted very early.
Remember you have spent a lot of time and effort finding someone you feel you can trust, ask them for their expertise on what you are wanting to do.
These conversations are important to note in your diary, as well as updating all paperwork.
Resources
CAST Section: Managing Scope Creep
Communicate!
On the initial meeting provide a clear, concise verbal and simplified introduction to the scope of work, flagging key elements, for example:
- The builder sources and appoints the required, competent trades to complete the project) brief and have the written, detailed scope ready to hand to them
- Timescales (but never your budget!)
Concerns:
If you see or hear something that concerns you, first seek to understand. Ask them about it in a neutral, open way so you can hear and listen to their views. Example: “Could you help me understand…”
Always raise a concern when you first spot it. If there is an error it is better fixed early. Don’t leave it so late that making good a mistake becomes a huge and costly job or till the end of the project. Your chance happens now, not later.
Respect the Expert
You hired an expert for a reason. Respect their expertise. Ask their advice, be open to listening, focus on creating a dialogue to find a solution that works for you all.
Don’t tell them how to do their job. It’s doesn’t hurt to drop in some key verbiage to show that you have a good understanding but don’t be ‘that’ person who stands there and tells them what to do, where they can save you money/themselves time.
There is a fine line between their not wanting to do a job a specific way and Tradesmen tend not to state that this is due to their experience, timescales, preference. So decide if something really is that import to you and if it is, find the right tradesperson who can meet that need. It’s going to be a difficult project if you or the tradesperson feel forced into a situation.
Keep Good Records
It is good practice to keep up to date records and filing.
It can be in any form, a hardcopy folder or online and should contain:
- Record conversations with whom, about what, (dis)agreements, decisions, instructions on the date they occur.
- Record promised dates for tasks and activities provided by the tradesperson.
- Record no-shows, partial days, weather conditions (ie: January weather is not the best for pouring foundations. If there is a delay for this reason this is reasonable; no foundations on a dry summer day is questionable)
- Record payments, the exact amount, how it was paid, to whom and for what. If you are charged a day of labour for sunny weather but they did not show up, this is grounds for conversation.
- Screenshot texts as they can be automatically deleted after a period of time.
Pay your invoices on time
This does not include deposits! CAST only recommends paying a deposit on credit card in order to receive protection under the Consumer Protection Act Section 75.
Your contract will stipulate milestones and list the work to be completed to call a milestone ‘complete’.
When the work in the milestone is done, inspect the work, if expert inspections are required (like building control) get them in and obtain their sign offs/approval to proceed.
If all is ok promptly pay the amount agreed for that milestone within the agreed timescales, this should be outlined in your contract.
If all is not ok, discuss the issues with your tradesperson and agree a resolution and timeline.
Top Tips
Assume good intent. Ask your tradesperson “Could you help me understand why (insert what you have spotted)”
ONLY move onto starting the next milestone when the current one is completed to the appropriate standard.
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