Every month, we help homeowners who are facing planning enforcement action after building a dormer roof extension.
In most cases, the situation has arisen through an innocent mistake. The homeowner believed the dormer was permitted development and did not require planning permission, only to be told later by the council that this was not the case.
Receiving an enforcement notice requiring the removal of a dormer can be extremely distressing. Councils issue hundreds of enforcement notices each year for unauthorised roof extensions, often requiring full or partial demolition unless the notice is successfully appealed.
If you are facing enforcement action, it is important to act quickly and calmly. An enforcement notice is a formal legal document and should never be ignored. However, it is often possible to challenge a notice, either because the development is lawful or because the requirements of the notice are excessive or unreasonable.
Why dormer extensions commonly lead to enforcement action
Dormer extensions are often permitted development under Class B of Part 1, Schedule 2 of the General Permitted Development Order. However, permitted development rights are subject to strict limitations.
Common reasons why a dormer may not be permitted development include exceeding volume limits, being located on a protected roof slope, or being constructed in materials that are not permitted.
Permitted development rights do not apply to flats at all, and they are removed in conservation areas. In addition, many newer houses have had permitted development rights removed by a planning condition or by an Article 4 direction.
As a result, it is very easy for homeowners to assume that a dormer is lawful when, in planning terms, it is not.
What to do if you are facing enforcement action
If you have already built a dormer and the council has contacted you, the most important thing is not to panic.
In some cases, it may be possible to demonstrate that the dormer is lawful. In others, the appropriate route is to appeal against the enforcement notice, either because planning permission should be granted or because the steps required by the notice go further than necessary.
We regularly act for homeowners in enforcement appeals relating to dormer roof extensions, including cases where councils have required full demolition. Our key piece is advice is: never ignore an enforcement notice.
Saved from demolition: a recent enforcement appeal
We recently won an enforcement appeal against Brighton & Hove council on behalf of homeowners who have built their extension in good faith, believing it to be permitted development. Although the extension rose a little above the original ridge line of the house, the inspector agreed with us that this did not cause any harm to the streetscene.
We also recently acted for a homeowner who faced being required to demolish a newly built dormer after the council alleged that the property did not benefit from permitted development rights.
Following a planning enforcement appeal, the inspector agreed that the dormer could remain, saving the client from demolition and significant financial loss.
The case was covered nationally after our chief executive wrote about it in the Daily Telegraph. If you are in a similar situation, this is exactly the type of case we deal with.
Getting specialist advice
If you have received an enforcement notice, or if the council has warned you that enforcement action may be taken in relation to a dormer roof extension, we can advise you on your options and act on your behalf.
You can find more information on our planning enforcement services here, or contact us for independent advice.
For more information on householder planning applications, extensions and permitted development, check out Martin Gaine’s book, ‘How to Get Planning Permission – An Insider’s Secrets’.
