Changing a flat’s undeclared rear kitchen extension

[TomInLondon]

I have a ground floor leasehold flat in South London, separated maybe 20-30 years ago from the upstairs freeholding flat. Whoever did this added a kitchen extension at the back of my flat, without ever bothering to get permission or filing any paperwork - something my solicitor completely missed, much to my later distress!

 

Surveyors have made clear that the kitchen does not meet modern planning regulations, and is now freezing cold in winter with a leaking roof and rotting wooden window frames and unusual stained glass double door, all single glazed. This is at the rear of the flat, not visible to any other properties (except very slightly to my upstairs neighbours, at a very oblique angle).

 

I can't prove that the extension was built more than 12 years ago, but it certainly is the only sensible explanation as the flat couldn't work without the kitchen extension, and I know it was at least 8 years ago based on sales records. As I understand it, this likely means that despite the planning problems the council cannot do anything about the extension as it stands.

 

I would like to replace the windows and double door with something newer, double glazed and likely of PVC with better insulation - it would be near impossible to get a stained glass double door to exactly replace the current one, certainly on my budget; do I need planning permission for that? Does it matter that it is not exactly visually "like for like", given it's performing the same function in same space and the windows at least will look similar? Does this "reset the clock" with the council and risk the council asking for the entire extension being pulled down? Who would I even go to to get professional advice about this - I’m reluctant to ask the council directly!

[DevilDamo]

7 minutes ago, TomInLondon said:

Surveyors have made clear that the kitchen does not meet modern planning regulations

Hopefully they were talking about Building Regulations as Planning is very different.

 

The Permitted Development rules for flats are different to houses. Have a read here...

 

https://www.planningportal.co.uk/info/200130/common_projects/21/flats_and_maisonettes/5

 

Are there any particular Planning restrictions, i.e. Listed Building, Conservation Area, Article 4 Direction?

 

Building Regulations would apply to replacement windows.

[TomInLondon]

Thanks - I think they meant it doesn’t meet building regulations and didn’t ever get planning permission... it is not listed and is near but not inside a conservation area - no other restrictions that I’m aware of... I know to build the extension from scratch I would require planning permission, my assumption is that it was built by the house owner (so didn’t need permission as it falls within the limits of what is allowed for a house) but because of the lack of proof and paperwork this becomes a problem now it’s a flat...

 

That wording strongly suggests to me that replacing the door with a differently glazed door would be a problem, but replacing the windows does with double glazed ones using a wooden frame would be acceptable? I got planning permission to double glaze the front windows visible from the street, but these are not visible.

 

Given the original extension has questionable status with regards to planning, it feels quite dangerous to apply for a change to it, or am I misunderstanding?

 

thanks for the help!

[ProDave]

Isn't the fact that the extension was built long enough ago that no enforcement action could be taken by planning or building control now?

 

 

[DevilDamo]

The LPA wouldn’t request the extension is pulled down as it’s beyond the time for enforcement action. For that added piece of mind, you could submit a Lawful Development Certificate application to confirm its status. This is used a lot for those to confirm something that didn’t at the time obtain Planning has been in-situ for at least four years.

 

Any future Planning or Building Regulation application to alter the windows/doors would solely deal with those elements.

[Temp]

If the planning breech occurred 20-30 years ago I'm pretty sure the planners cannot take enforcement action. Normally they have 4 years for a regular breech and 10 years for a breech involving a change of use. Not sure if the rules are different for a flat.  So first off do NOT demolish the kitchen without getting this sorted as that would probably reset the clock.

 

I would find a planning consultant to check our understanding is correct and if so apply for a certificate of lawfulness on the grounds they can no longer take enforcement action. At the same time ask them to confirm its lawful to do the work you want or even demolish and rebuild it.