Understand the 5# Critical Laws You MUST Obey to Stay Legal on Your Home Makeovers

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Just imagine ... you're sitting having a coffee in your dream home; your epic home makeover recently completed. You're so satisfied that all of your hard work has paid off and you're looking forward to many happy years enjoying your revitalised home. Your family are delighted and your friends are impressed. Everything's perfect.

 

Just then, the doorbell rings. That's a surprise, you're not expecting visitors. Maybe another neighbour has popped in to have a look round. Sigh ... nosy neighbours, but what can you do ? Honestly … you don't really mind showing off though, you're so proud of what you've achieved. You go to the front door and open it with a welcoming smile.

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The guy waiting on the doorstep is grim-faced and official-looking. He's. Not. Smiling.

He asks : "Are you the Homeowner ?"

"Er, sure", you reply.

He hands over a large envelope. Your senses go to red alert. Your heart rate picks up.

"What's this ?" ... you're not feeling quite so friendly now.

"Well", he explains, "I'm from City Hall - the County Planning Department. A neighbour of yours has told us you just extended your house and complained you're blocking their sunlight. We ran some checks and we have no record of any application for Planning Consent. So your extension is illegal. And since it doesn't comply with the local Planning rules for this area, you're going to have to demolish it."

 

Suddenly everything seems to be happening in slow motion. You see his lips moving; you can hear what he's saying although it seems like he's far away. Wait, what ? Did he just say "demolish" ? He must be joking, right ?

 

You're literally speechless. Your hands shaking, you rip open the envelope. But this isn't a nasty joke; it's a letter from the City Planning Department ... the big, bold heading says "Planning Enforcement Notice".

You look back at him, confused. "What's Planning Consent ?"

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Hello and Welcome to Home Makeover Project Secrets, the show that equips Home Owners with the skills and understanding to execute successful home projects, that goes behind the scenes of Home Build Projects to unlock the secrets and share insider tips and strategies to save money and time on any and every home project. What you learn will give you the confidence to embark boldly on your next project and you’ll know what to do so your story has the happy, dream home ending you deserve.

I’m your host, Andrew Philips …

When I talk about "Home Makeovers", I include renovations, remodelling, alterations, additions, going up into attics and down into basements, redevelopments and even ground-up new builds. Any and every project where you're going to be

* appointing professionals,

* designing something,

* buying materials,

* carrying out construction work,

* employing contractors and sub-contractors, suppliers and manufacturers

and even if you're doing some or all of the work yourself. All things home build.

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Thanks for joining me. In today’s episode, I'll be talking about Five key aspects of local Laws that govern building projects in most places and what to do to make sure you don't break them so you stay out of trouble on your Home Makeover Project.

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So back to the doorstep where all hell just broke loose and your perfect world just came crashing down ... and your new home extension might just go the same way.

 

What IS Planning Consent you ask ?

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Well, Planning is one of the five principal aspects of laws that regulate construction projects in most locations and regions around the world. They may have different names in different countries and they may be more or less strictly applied and enforced in different places. But not knowing what they are and how they affect your project will not get you off the hook if you do break the law. And the consequences can be severe and have a major impact on your project - as always, increasing costs and taking more time when things go wrong. In the case of breaking the law, they can even result in fines, criminal convictions and jail time. So they’re not something to be ignored or glossed over. You can't take these lightly and just hope you'll get away with some minor slap on the wrist or fine.

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I particularly want to share this topic today because staying legal is a part of the Home Makeover process that you need to know when you are starting out on a project and must take into account as you plan your project. Complying with the legal stuff will probably shape your project. So it’d be a disaster to discover something late in the execution of your project that could literally mean you have to start over – and that would be certain to cost you time and money.

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If you don't recognise the terms I'm using in your location, a quick online search should help you find what applies in your region or country. The principals are similar all over the world. This is a huge topic that can get very detailed and we don't have time for a deep dive so I'll be giving you a heads up, touching on the key issues. There's no question it’ll definitely be worth every minute you take to make sure your project stays on the right side of the law.

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So what are the critical legal issues you absolutely must know about :

First is Planning

Second is Heritage, Historic or Listed Buildings - which is about Historical Conservation

Third is Building Control or Building Code

Fourth is related to quality standards - design and materials

And the fifth is Labour Law

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We’ll start with Planning.

Now the principle of Planning Law is simply that you can't just build anything you want, on any piece of land, anywhere. Imagine what towns and cities would look like if you had noisy, dirty industrial zones with factories alongside residential properties; or a leafy, suburban residential area with a high rise tower block stuck in the middle; or a pristine mountainside or beachfront and suddenly all kinds of shacks and tower blocks and mansions and factories and cottages start crowding the landscape.

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Typically national Governments develop Planning Policies and Laws and then Local Government like Local Authorities and Town Councils, implement them. Planning mostly focuses on function and use of properties and their external appearance. We're not going to worry about commercial uses as our main focus is on residential property – on homes and apartments.

 

First off, if you're buying a property, make sure it is zoned for residential use. Of course, this is usually obvious - you buy a house or an apartment in a residential area. But it's worth checking that there are no limitations on using your property for residential purposes. This is really important if you are buying an old commercial property that you want to convert into your new dream home. Check with the Planning department before buying. Getting a change of use from commercial to residential can be a nightmare and is sometimes impossible.

 

In extreme cases, Planning restrictions can be very prescriptive. In the historic city of Bath in England, many buildings have been constructed using a stone called Bath-stone. If you've ever seen pictures of this popular city that dates back to Roman Times and is famous for its city baths fed by naturally heated hot springs, you'll understand - the city buildings are predominantly constructed with a sandy coloured stone. If you own a house constructed from Bath-stone and you want to add an extension, then you will be required to use Bath-stone. Using brick or other materials will not be approved. If you don't obey the Planning rules then the local council can force you - by going to court if necessary - to take down (at your own cost) all the visible work you have put up.

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Planning laws can prevent residential construction and development in restricted areas. There's a story about a farmer in Britain who wanted to build a significant farmhouse - a mock Tudor Castle actually - on his farmland. In the United Kingdom there are very restrictive laws about what can be built in what is called "green belt" land - farmland and countryside. There was no way the farmer would get permission to build his farmhouse. So to try to avoid the restrictions, he built a large haystack - yes, from bales of hay - to hide what he was doing. The farmer was actually building his farmhouse in the middle of what was the hollow centre of this huge pile of hay bales. Now there are other Planning Laws in Britain that if a property IS constructed without appropriate consent but no one complains about it and the Planning Authority don't stop it or object to it for something like 4 or 10 years then future enforcement of Planning Laws may be restricted and retrospective consent can be applied for. The farmer must have been intending to play a long game; to build his dream farmhouse but keep it concealed behind the hay bales until it was too late for anyone to object or stop him. Unfortunately for him, the Planning Authorities are wise to ploys like this and discovered what was going on. The end result, they discovered his deception, and despite a number of appeals and court cases that took around 9 years, he was told he had to demolish it. He couldn't just pay a fine and get away with it. They wouldn't turn a blind eye. And his glorious $1.5 million dream home was eventually demolished.

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Planning guidelines can be very detailed, restricting elements like the overall size of a property, but also the style of the front door, the colour of window frames, position of windows and much, much more.

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Most architects are fully aware of the planning restrictions in locations where they operate. Your Architect should be able to guide you through any Planning related matters. If you are doing most of the design yourself or with your contractor, it can still be worth employing an architect for a relatively small fee to review your plans very early in the process and get their insight and opinion on whether or not what you are intending is likely to fall foul of local Planning regulations.

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If you do appoint an architect, be sure to check they are familiar with local planning regulations where the work is to be carried out. If you appoint your favourite architect from another city or region and who has never worked in the place where the project will take place, they may need to co-appoint a local expert. And when appointing any design professionals, you must make sure their contract of appointment requires them to provide reliable Planning Advice and any design work they do must comply fully with all applicable local requirements.

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In many places there are expert Planning Consultants whose role is to advise on and support Planning related matters for their clients. They usually have very close relationships with the local Planning Departments - many having previously been employed as Town Planners themselves. They know the in's and out's of local Planning rules and what you may be able to get away with as well as how to present your proposals to the local planning authorities with a likelihood of success. They should be appointed and consulted early on - sometimes even before you buy a property - especially if you're planning something significant. They can give you peace of mind that your plans are likely to succeed or if not, can prevent you from wasting time and money if there’s really no hope of ever being able to do what you really want.

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The second area of the law relates to very specific types of buildings - Heritage, Historic or Listed Buildings. These are typically older, historically significant buildings or buildings of particular architectural merit. These regulations protect those designated buildings from being altered or changed in any way that would change or lose their historic significance. The focus of these laws is on conserving the past. In the United Kingdom, with many, very old buildings dating back hundreds of years, this is a big issue for home buyers. Buying a "Listed" Building, where some or all of the property may be protected, can significantly impact how you occupy the property and what alterations you can or cannot make. An old building may, for example, have only one bathroom. When you move in, you want to upgrade it so you can have a family bathroom and an en-suite in the master bedroom. But if the building is listed this may not be possible. Even adding or upgrading heating installations may be restricted.

 

The upside of the regulations means that selected, wonderful, old, buildings are safeguarded and protected when otherwise they would probably be demolished to make way for new, modernised properties. The downside is that it can be so expensive for owners to keep and maintain these properties that they are abandoned and eventually fall into neglect and ruin ... which sort of defeats the intention of the regulations in the first place. Specialist architects and contractors who are experts at working on protected, period properties are usually required for makeovers on these types of buildings. But this expertise doesn't come cheap and the timescales are usually much longer on heritage projects and the costs significantly higher. Make sure you know what the listing status or the heritage status of any property is when buying - if this is relevant where you live. Be certain you know what you're getting into if you choose to go ahead and buy a listed property.

 

The third group of laws focus on the construction of the property itself. These may be called Building Control Regulations or Building Codes. They regulate how the property is constructed and set out rules for building safe properties - for example, that are weatherproof, properly insulated to suit typical local weather conditions and that shouldn't be blown down or fall apart in most storms. They control requirements for factors like adequate insulation against extreme heat and cold to ensure that living conditions in properties are suitable - comfortably warm or cool, dry not damp, structurally secure and so on. They set out requirements for the way toilets and bathrooms are to be constructed, what plumbing and drainage must be installed to remove sewerage and foul waste from the property.

 

From time to time we hear horror stories about how larger buildings have collapsed, killing many occupants. Often the causes are because building regulations have been broken - like when an inadequate strength of concrete is used. These typically happen in places where Building Regulations may be less strict or more difficult to enforce or even where there are no restrictions and limitations.

 

Another particular focus of building regulations or codes is life safety - so that means for example ensuring houses are fire safe with adequate ways to escape the building safely if a fire breaks out and that the materials used and the design takes into account where fire may need to be contained or restricted. An example of this might be a garage that is joined to the house. A garage where a car may be parked is a higher risk location and if a fire were to break out in or near the car then the consequences could be catastrophic if the gas tank explodes. Many local building codes will require a higher fire separation between the garage and the adjacent rooms in the house - this is mostly done using materials with a higher fire rating - like one-hour fire-rated wallboard. This simply means that, if installed in accordance with the manufacturer's instructions, the wall must achieve a minimum one-hour fire rating so that it will retain its integrity and won't break down or collapse in less than one hour. This is to allow adequate time for the occupants in the house to discover the fire and escape the building to safety.

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Building regulations are also drafted and imposed to ensure we live in energy-efficient ways and to protect accessibility for people with disabilities - like a wheelchair user being able to access the property easily and to have a bathroom that is big enough for their wheelchair.

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In many jurisdictions where there are strictly applied Building regulations or codes, visits from Inspectors may be required at specific stages during the construction. These inspectors typically visually inspect the work being carried out and certify that they are satisfied that what you are building is code compliant. Stages often include foundations before they are covered up, first fix or rough fixing of services like electrical wiring, plumbing, drainage and so on, again while it is visible and before the walls are closed in. Your professional team and contractor should arrange and coordinate the inspections at the appropriate times.

 

A hot tip if you are buying a property is to specifically ask if the house has undergone any renovations, alterations or extensions and if so, when they took place and for the seller to provide the Approval Certification that states that the works have been carried out fully in accordance with local Building Regulations or Codes. I've seen so many properties where a self-proclaimed, do-it-yourself expert has carried out code protected works but failed in just about every respect. This could mean that you and your family might not be safe living in and using some or all of that property. And if you only discover this after the purchase completes, you may have no recourse if you end up, for example, having to have all of the electrics replaced.

 

Again, your architect should be fully aware of local regulations and codes and will ensure your property is designed to comply with these rules. Competent local contractors who are experienced will also have a good understanding of the local regulations and requirements. When appointing any design professionals and contractors, you must make sure their contract of appointment requires them to provide reliable Building Control or Building Code advice. If you visit a property you plan to buy and notice unusual wiring or plumbing installations, it would be very wise to ask a local builder or architect to take a look at the property with you and advise if you need to ask any detailed or technical questions of the seller.

 

The fourth aspect of the law relates to the materials and components that you use when doing a home build or home makeover. This part of the law is also focused on health and life safety. Again, it is critical to get this right. To save money and time, contractors may use cheap or non-compliant materials. Apart from being critically unsafe, huge costs can emerge and massive amounts of time lost if you discover that your home is uninhabitable because unsafe, unsuitable materials and components have been used. This is another good reason to employ reputable and reliable, honest contractors. Using a fly-by-night operator who turns up with his truck but then vanishes when the work is complete, may have been cheaper at the time but in the longer run will cost you way more and lose loads of time if their work has to be replaced after being condemned by the Building Control Officer.

 

This risk is reduced by appointing properly qualified and experienced contractors and professional consultants.

 

Finally, you do need a rudimentary understanding of local labour laws. This is too big a topic to do justice in a single podcast episode so I'm literally just going to mention it in passing so it is on your radar. Most places do not allow untrained, unqualified operatives to work in skilled roles on construction sites. It may seem cheaper to pick up a guy on the edge of the road and pay him by the hour to do some work on your building site but if he is injured or has no work permit or does not pay taxes due, you as the employer may become liable for breaking labour laws with very unpleasant consequences.

 

You can easily avoid these problems if you employ reputable and experienced local contractors who have an established reputation. But it's still important to be alert as they may take risks that leave you as the employer or client exposed to prosecution if someone is injured or carries out illegal work. Labour typically makes up 30% to 40% of the cost component of your project so it is easy to understand why we homeowners try to cut corners and keep the labour costs to a minimum. But like many attempts to save money, we can make bad decisions that end up costing us much more in the long run.

 

And that's a high-level introduction to the key legal aspects of home makeovers that you need to be aware of if you're planning a significant home makeover project.

 

In next week's episode, we’ll be starting to explore project costs - how costs are calculated, why they can vary so much from contractor to contractor, how to get the best prices and much, much more. This is another huge topic and may spread over a few episodes. But understanding the dark art of project costs will help you massively as you plan and execute your home makeover projects.

 

To make sure you never miss an episode, why not subscribe to Home Makeover Project Secrets on our website at www.thediypm.com where you'll also find show notes, blog posts and details about our upcoming Project Masterclasses and Training Courses.

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If you have a question about a project you're planning or already running, please reach out and email me on faq@thediypm.com.

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If you have a challenge to overcome then I can just about guarantee others are also facing the same or similar challenges.

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We'll be answering listener questions in FAQ episodes every few weeks. It’s always reassuring to know you’re not the only one battling away …

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It's been great to have you with me today and I look forward to having you back for the next Episode of Home Makeover Project Secrets.

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Andrew Philips, Project Management Coach