Planning Requirements for joining two units

Planning Requirements for joining two units

Postby Saint » Tue Dec 15, 2009 5:18 pm

Hi, Long time reader, first time poster.

I can not find any clarity if I need to apply for planning permission for a client in the following situation. I wonder would any one have some guidance?

My client has just leased a second Industrial unit adjacent to his own and wanted to form a couple of doors in the party wall to allow access between them and complete some internal alterations.

I asked a planner by email and they simply advised that any internal works would be exempt but where silent on the party wall issue. When I called them they advised that they could not put any opinion in writting.

I know the internal works are all exempt but I would appriciate any guidence where I could find some information on the party wall issue, I have read the P&D ACT cover to cover but am no wiser.

Many thanks
Saint
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Re: Planning Requirements for joining two units

Postby Tayto » Wed Dec 16, 2009 7:30 pm

First things first-

1. Ownership
Who owns the units? Is there one single owner of the 2 units, or 2 separate owners?
A tenant can't go breaking holes in party walls of 2 separate properties just because he rents both units. If there is one owner of the 2 properties, then their permission will be required to carry out any alterations to their property. This permission will be required in writing.
If the tenant wishes to apply for permission to convert 2 units into a single unit, the landlord's permission will be required in writing, as evidence of this permission will be required by the planning authority. If this permission is granted, then the existing party wall ceases to be a party wall Instead it becomes a dividing wall within the single unit.

2. Fire
Creating an opening in a party wall has consequences for the fire certificate. The creation of this ope in the party wall will invalidate the existing fire cert.
For this reason alone you really should get planning permission for coversion of 2 units into a single unit and you should also get a new fire cert.
Tayto
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Re: Planning Requirements for joining two units

Postby Saint » Thu Dec 17, 2009 2:41 pm

Thanks Tayto

The units have differant landlords, and it was while agreeing on the License for Works that the land lord's engineer asked if we need planning for the openings in the party wall.

I spoke to them and they actually said they did not think we did need planning but wanted this confirmed !

That was why I was looking for a referance in this matter.

So, I wonder of they are lease holders on both units with a License to open the dividing wall from the landlords would this be the same situation as you outlined, where the wall now becomes a dividing wall

Thinking along these lines it is probably a question for their solicitor to ans?

Thanks for the advise on the Fire Cert, I have advised them already that this is required.
Saint
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Re: Planning Requirements for joining two units

Postby Tayto » Thu Dec 17, 2009 3:50 pm

With 2 landlords, there's going to be quite a few issues, including insurance. A solicitor's advice will be required, regardless of the planning issues. You might as well get their advice witth regard to the planning issue as well - I'm guessing the 2 Units are effectively being combined into 1 larger Unit and that will require a permission.

What you could also do immediately is to check the conditions of the original planning permission (assuming both units were permitted under the same application). They may be a condition referring to combining Units.

Good luck.
Tayto
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Posts: 139
Joined: Sat Apr 04, 2009 7:00 pm


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