If you are wondering if you need Planning Permission when replacing your windows and doors, the answer to this question depends on where you are living and the type of property you live in. Replacement rules vary for each of the categories:
- Houses and flats that are NOT in a conservation area or listed
- Houses that are in a conservation area, but NOT listed
- Flats that are in a conservation area and NOT listed
- Listed buildings of all grades (houses, flats, and commercial buildings)
A brief description of the rules for each category is below. Please note that this information is provided for guidance only. If you are unsure about the rules governing your property, please contact your Local Planning Authority.
CATEGORY 1 – Houses and flats that are NOT in a conservation area or listed
Normally, you do not need Planning Permission to change your windows and doors, as this is considered ‘Permitted Development Rights’ for dwelling houses.
Flats do not benefit from Permitted Development for any changes. However, windows and doors are usually (but not always) the exception. This is at the discretion of the planning department of your local council. Taking Westminster as an example, if you own a flat which is not in a conservation area, and you want to replace your old single-glazed timber sash windows with new ‘like-for-like in appearance and material’ timber sash windows, then Westminster will not usually require a planning application. If you wanted to replace your windows with uPVC, then Westminster may ask for a planning application to discourage the use of uPVC windows in period housing.
In summary, you are free to change your windows and doors without any formal permissions. But replacement windows or doors must comply with thermal performance and safety standards. If you choose a FENSA registered company to fit your new windows or doors, then the installer must ensure that your new windows comply with the newest Building Regulations.
CATEGORY 2 – Houses that are in a conservation area, but NOT listed
Conservation areas exist to manage and protect the special architectural and historic interest of a place – in other words, the features that make it unique. Every local authority in England has at least one conservation area, and there are around 10,000 in England.
All proposed changes to a home that is in conservation areas go under an increased level of scrutiny to ensure that any alterations would, at best, keep and not damage the qualities which make the conservation area special. Houses (but not other buildings, such as flats) are often exempt from being granted ‘Permitted Development Rights’. That means you do not normally need planning permission to change your windows and doors on condition that they are ‘like-for-like in material and appearance’. If your current windows are made of timber, then your new ones must also be made of timber, and if your original windows are sliding sash windows, then so must the new ones be.
There is, however, an exception to this; if your property is covered by an Article 4 Direction, then planning permission from the Council will be needed for alterations such as replacing windows and doors, adding conservatories, porches, or other extensions. The effect of an Article 4 Direction removes Permitted Development Rights from a property, and a planning application is required for developments that would otherwise not require an application. These exist to preserve the character and look of the area the houses stand in. While beautiful, it does mean homeowners have to follow certain rules. These rules are tailored to each area by the council and are put in place when there are elements of local buildings they want to protect.
When you bought your home, your solicitor should have made you aware whether your home was in a conservation area. So, usually, homeowners know about the restrictions or allowances placed within the Article 4 Directive. If you are unsure, the local authority will be able to confirm if your property is subject to an Article 4 Direction, so it is a good idea to do your research. They will let you know the types of windows allowed and if you need to submit a planning application.
How to get Planning Permission for new windows in conservation areas?
Planning Permission can usually be obtained within 28 days of submitting your application. You often need to have drawings or photos and measurements of both the old and new windows. If your work could affect any neighbours, you will need their consent too. The Local Planning Authority will then assess your proposal against certain criteria, including impact on the character of the conservation area or if it would affect its special interest. They can approve or reject applications based on these criteria. If consent is refused, the owner has six months in which to appeal to the Secretary of State for Communities and Local Government (DCLG) or to submit amended plans based on the written advice provided and re-apply for permission.
We recommend holding pre-application discussions with the Local Authority Planning Officer to check if consent is required and to discuss the proposal.
Further information on the Building Consent and Permitted Developments can be found on the Planning Portal.
Are there building regulation exemptions in conservation areas?
No, there are no exemptions to Building Regulations in conservation areas. However, under the advice of the planning authority, it may be determined that particular features of a modern window are not desired due to a detriment in characteristic design (the features that make it unique) – in this case, for example, the planning authority may decide that trickle vents should not be incorporated into the window(s).
It is important to say that this is not an exception. Background ventilation must still be provided to the property, but in an alternative form to trickle vents, such as through wall or mechanical ventilation.
Can I register installations in conservation areas with FENSA?
Yes, you should register these with FENSA. You may be asked for proof of the planning decision should any specific instructions be in place, eg no trickle vents.
CATEGORY 3 – Flats that are in a conservation area and NOT listed
Planning rules for flats, maisonettes, and commercial buildings differ from those that cover dwelling houses, as they do NOT technically benefit from Permitted Development Rights, and therefore, you need planning permission for any changes. However, as mentioned before, windows and doors are usually the exception to this, but again, this depends on your individual Local Authority. Local authority policy and interpretation of the rules covering changing windows in flats varies from council to council, and you are recommended to contact your Local Planning Authority for advice before starting work.
As with dwellings, there is the same exception; if your property is covered by an Article 4 Direction, then you will need Planning Permission in all instances.
CATEGORY 4 – Listed buildings of all grades (houses, flats, and commercial buildings)
For Listed Buildings, any works (internal or external) to alter, extend or demolish, including re-glazing of existing frames, require Planning Permission and Listed Building Consent from the Local Authority planning department prior to proceeding. Listed Building Consent is an added form of permission that is required to make any alterations or improvements to Listed Buildings.
The rules around replacing windows and doors in listed buildings are strict and for good reason, as they are designed to protect our architectural heritage. Application forms can be downloaded from the Local Authority’s website. Guidance is available on the Government’s Planning Portal website. If the application involves a Grade I or Grade II listed building, demolition, or is particularly complicated, the case will be forwarded to Historic England for expert advice. Applications in England, Scotland & Wales are made to the Local Authority. In Northern Ireland, they are made to the divisional office of the Planning Service.
Usually, planning permission to replace windows and doors with double-glazing has been refused. You will not be allowed to change materials, such as timber to uPVC or the appearance of the windows or doors. In general consent to replace your windows and doors is typically granted in listed buildings when the existing windows and the new items are identical in appearance, in materials, and the new items have heritage appropriate glazing, unless the applicant is able to satisfy certain conditions, such as ‘that the building is not of special architectural or historical interest’ – more likely with a Grade II than a higher listing.
Are there building regulation exemptions in listed buildings?
Similar to conservation areas, exemptions are extremely rare. The most common exemption is overall thermal efficiency. Due to design restrictions, in exceptional circumstances, it can be found that replacement windows and doors cannot meet the regulatory requirement set out in Approved Document L due to the need to protect the character of the building. In addition, the planning authority can exempt an installation from the compliance requirements of certain approved documents. The planning authority is the only department that can grant this permission.
It is important to note that listed buildings cannot be registered with FENSA. These must be notified directly with the local authority building control.
CONCLUSION
Changing windows in a conservation area can be a complex process due to planning laws; however, with research and understanding of the regulations, there should be no problems. When it comes to selecting replacement windows that meet all the regulations set out by your Local Planning Authority, here are some tips to keep in mind:
- In most cases, planning permission is needed when replacing windows and doors in conservation areas. Remember to contact your Local Planning Authority for advice before you begin.
- When replacing or changing windows in conservation areas, it is important to choose the right style and material. To ensure your window replacement meets the regulations set by the Local Authority, you should consider opting for traditional materials such as timber, which are often seen in conservation areas.
- In addition to choosing the right materials, you should also consider what type of glazing is used. Traditional single-glazed windows offer a classic look for conservation areas, but double-glazed windows provide energy efficiency and better insulation for your home.
- There are no automatic exemptions to building regulations; only the planning authority can approve window and door designs that exclude features that are needed to meet building regulation compliance.
- Replacement windows and doors in conservation areas should be registered with FENSA; however, Listed Buildings should NOT.
- Conducting unauthorised works to a listed building is a criminal offence, and the owner of the building and any individual or company that has undertaken the construction can be prosecuted. A planning authority can insist that all work conducted without consent is reversed at the owner’s cost. An owner will have trouble selling a property with no consent for work undertaken.
If you are considering window replacement for a property within a conservation area or a listed building, we have experience working on heritage projects and can advise on appropriate solutions. Get in touch with our team, and we’ll be happy to assist you.
