You really get what you pay for with windows, so selecting a quality model is imperative. Particularly, the wrong model can even put you in violation of area building codes.
Whether you own a flat or are tenant in a block of flats please don’t go changing your windows without first making sure you’ve got all the necessary permissions, as you can end up having to pay out more than double what the replacement windows cost you in the first place, let alone have to deal with all the hassle and paperwork that comes when the correct approvals have not be sought and granted in writing.
What to Know Before Replacing Your Windows
Firstly, it is ultimately the flat owner’s responsibility to find out and obtain all necessary planning permissions from the local authority in question.
Secondly, the flat owner will need to obtain written permission from the freeholder and/or the Management Company. If you are a tenant and want to change the windows, you’ll need planning permission, your landlord’s approval and permission from the Management Company.
Why You Need Permission
The reason councils require planning permission is that no flat in any block of flats has any Permitted Development Rights, so crazy as it sounds, flat owners do not have the right to change their windows without first obtaining planning permission.
This is partly so the council’s planning department keeps control on the types, materials and designs of windows being replaced. The council want replacement windows to be “in-keeping” and to be of “similar appearance”.
The problem can be what some flat owners think of as similar, may not be what the local planning department considers similar. Your local council have the right to force you to replace any windows you’ve not had planning permission for, along with all the costs associated with doing so.
For example, say your flat is on the 2nd floor or above and you’ve had internally beaded windows fitted from the inside, but the council require externally beaded windows to match the other externally beaded windows already in the block of flats, then scaffolding will be required to enable an installer to safely and legally replace the windows.
Is Planning Permission really Important?
Yes, although councils are not slow to issue Planning Enforcement Notices to any flat owner they come across who has changed their windows without planning permission. Whilst retrospective planning permission can be sought, there is no guarantee your local council will grant this, and often simply adds more costs before eventually having to replace all the replacement windows.
In addition, not getting permission from the Management Company can lead to long term disputes with them and other flat owners, and can lead to major problems when the flat is being sold, as they have the right to refuse to process the flat sale until any issues caused by unauthorized windows or doors have been resolved to their satisfaction.
Who Can Replace Windows?
If your block of flats is in a Conservation Area and your local Council have served an “Article 4” notice on the property, no flat owner can replace the windows without in effect getting double planning permission. One for ensuring the actual window materials/finish themselves comply with article 4 and one for the replacement window designs etc.
Property owners of terraced, semi-detached and detached houses with Permitted Development Rights intact don’t have to seek any form of planning permission as long as their properties are not Grade I or II Listed, or in a Conservation Area or Green Belt or Areas of Outstanding Natural Beauty etc.
