Island Life Magazine Ltd October/November 2016 | Page 129

Legal

Planning permission and
basement developments
By Terence Willey of Terence Willey & Co
It is increasingly popular for people to seek
basement accommodation, particularly in the
London and large city areas where developer’s
construction costs are half of that of normal
residential construction.
The question arises whether Planning Permission
is specifically needed to create a basement
development. Quite apart from Planning
Permission there are other consents that may be
required before any works should be commenced,
such as Building Regulation Approval, Listed Building
and Party Wall Consents and other Licences that may
be required by the Local Authority for street works to
be undertaken for such a construction.
There are no specific provisions for basements
within the Permitted Development Rules, but they
generally come within the exception for enlargement
or improvement or alteration of an existing
dwelling house. The 2015 Permitted Development
Order however says that it will not be ‘permitted
development’ if the enlarged part would have more
than one storey and extend beyond the rear wall of
the original house by more than three meters or be
within seven meters of the boundary.
This effectively means that a single storey basement
beneath an Unlisted Dwelling, which does not include
exterior alterations extending beyond the footprint
of the existing, is likely to be considered as Permitted
Development and in these circumstances Planning
Permission will therefore not be required. It however
must be noted that specific provisions can be imposed
by Local Planning Authorities to remove Permitted
Development rights in the case of basements. Whilst
this does not appear to have been undertaken as yet it
is not to say that this will never be the case, particularly
in large cities and thus bring what is called a ‘material
consideration’ for Planning Officers in the future.
As architects strive to design attractive and unique
accommodation, where the ability to develop above
ground is at a premium, it is likely to become a
common requirement for specific restrictions to be
imposed by a Local Authority on what is determined
‘acceptable’ development and to one story below the

original habitable floor level.
It is therefore a warning to Developers to ensure that
no works are undertaken under what are considered
Permitted Development Rules before creating any
basement accommodation until the Local Planning
Authority have been consulted as to whether or not
any specific additional provisions have been imposed
and so affecting the proposed area of development.
Should therefore a buyer of basement
accommodation be wary before entering into a
Contract to purchase? In my view the fullest enquiries
should always be raised both in respect of new
and existing as to seeking evidence that all the
appropriate permissions and consents were obtained
prior to development. Such enquiries should also
extend to consents that may be specifically required
under the legal Title of the entirety of the property.
It is not uncommon for basement accommodation,
provided latterly to an initial development, to be
inadequately protected under a Lease in respect
of fair and proportionate liability for upkeep
maintenance and repair, along with access and ‘above
ground rights’. It is very important to ensure that
when considering purchasing any below ground level
accommodation you ensure your legal representative
fully advises you before you enter into a contract to
purchase, and where there remain any doubts or
concerns then consult a qualified Surveyor.
Contact Terence Willey on 01983 875859, or Mark
Willey on 01983 611888. www.terencewilley.co.uk

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