Do You Need Planning Permission for a Balcony?

Many homeowners dream of adding a balcony to their property, as it can provide a great outdoor space to relax, enjoy the views, and soak up the fresh air. However, before undertaking any building work, it is important to understand whether planning permission for a balcony is required. 

Planning permission is a legal requirement set by local planning authorities, and failing to obtain the necessary permission for a balcony can result in enforcement action being taken against you.

In this blog, we will explore the rules and regulations surrounding the need for planning permission for a balcony, so you can make an informed decision for your home and for a lot of people, having a balcony added to their home is a luxury feature – bringing in fresh air and light as well as adding value to your home, but there are some hurdles to cross first.

Permitted Development and Planning Permission For A Balcony

Before delving into the specifics of planning permission for a balcony, it is essential to understand the concept of permitted development. 

Permitted development grants certain development rights that allow for specific changes and alterations to be made without the need for formal planning permission. This streamlined process is designed to facilitate minor modifications that do not have a significant impact on the surrounding area. 

However, it is important to note that the rules of permitted development can vary depending on the property type, location, and other factors outlined by the local planning authority. For further guidance on permitted development rights and balconies, refer to the government publication: ‘Permitted development rights for householders: technical guidance’.

Defining Permitted Development

Permitted development refers to the rights granted to property owners to make certain changes and alterations to their homes without the need for planning permission. With permitted development, it is unlikely that you would need planning permission for a balcony.

These rights are outlined in planning legislation and aim to provide a simplified process for small-scale modifications. The rules of permitted development specify what can be done without the need for a formal application, giving property owners the freedom to make minor alterations within the permitted limits.

However, it is important to note that the limitations of permitted development can vary based on the property type, location, and the specific guidelines set by the local planning authority.

Limitations and Constraints of Permitted Development

While permitted development provides flexibility for certain alterations, there are limitations and constraints that need to be considered. It’s important to understand these constraints to ensure that any changes made to a property fall within the permitted development rights. Some of the key limitations and constraints of permitted development include:

1. Restrictions in conservation areas: If your property is located in a designated conservation area, there may be additional restrictions on permitted development rights to protect the character and heritage of the area.
2. Listed buildings: If you own a listed building, the permitted development rights may be more restricted, as listed buildings are of special historic or architectural significance and require extra care and consideration when making any alterations.
3. Planning constraints: Local planning policies may also impose further limitations on permitted development rights, depending on the area and specific regulations set by the local planning authority.

Balcony Development Under Permitted Development

Now let’s focus specifically on balcony development and its classification under permitted development rules. The addition of a balcony to a property can enhance the outdoor space, provide a raised platform for enjoying the views, and add an extra touch of style to the building. 

However, whether a balcony falls under permitted development or if planning permission for a balcony is required, depends on a variety of factors, including the type of balcony, the property’s location, and the guidelines set by the local planning authority. Let’s explore the circumstances under which a balcony might be permitted for development.

Circumstances under which a Balcony Might be Permitted Development

Under certain circumstances, the addition of a balcony might be permitted fall under permitted development and there is no need for planning permission for a balcony. Permitted development rules outline specific criteria that, if met, allow the construction of balconies as a minor alteration.

1. Some balcony additions, based on their size, location, and impact on the property, may fall under the permitted development rights, allowing for the development without the need for planning permission for a balcony.
2. Juliet balconies are often considered permitted development subject to the design meeting all the relevant criteria and the property having permitted development rights.

When Does a Balcony Need Planning Permission?

While some balcony additions may be classified as permitted development, there are situations when you do need planning permission for a balcony. It is important to understand the factors that may trigger the need for planning permission for a balcony, such as a lack of precedence in the local area, as failure to obtain the necessary permission can result in enforcement action. It is important to note that 20% of our planning applications are retrospective, often triggered by a planning enforcement notice, and 99% of these cases believed their project fell under permitted development when it did not.

Factors Leading to Requirement of Planning Permission For a Balcony

Several factors can contribute to the requirement of planning permission for a balcony addition. These factors may include, but are not limited to:

1. Location in a conservation area: If your property is located in a conservation area, the local planning authority may impose further restrictions on balcony development to preserve the area’s character and heritage.
2. Potential loss of light or privacy: Balconies that may have a significant impact on neighbouring properties, such as causing a loss of light or invading privacy, may require planning permission to ensure the development is appropriate and respects the rights of other property owners.
3. Regulations set by the local planning authority: Local planning authorities may have specific regulations in place regarding balconies, which can vary depending on the area and the authority’s planning policies.

It is essential to consult the local planning authority for guidance on balcony development requirements.

The Importance of Lawful Development Certificate

When undertaking a balcony development project, it is crucial to obtain a Lawful Development Certificate, even if planning permission is not required. This certificate provides proof that the development falls within the permitted development rights and ensures the changes made to the property are legal. 

Let’s explore why a Lawful Development Certificate is crucial for permitted developments, including balcony additions, and the benefits it provides for homeowners.

Why a Lawful Development Certificate is Crucial for Permitted Developments

Obtaining a Lawful Development Certificate for a permitted development, such as a balcony addition, is a crucial step for homeowners. This certificate provides assurance that the development has been carried out in compliance with the permitted development regulations, giving homeowners the peace of mind that their project is legal and authorised. 

A Lawful Development Certificate serves as concrete evidence that the development does not require planning permission, safeguarding the homeowner against potential disputes or enforcement action from the local council. 

It is a valuable document that proves the legitimacy of the changes made to the property, should any questions arise in the future, for example when selling or remortgaging a property.

Process of Applying for Planning Permission

Applying for planning permission for a balcony can seem like a daunting task, but understanding the process can help make the experience smoother. Whether your balcony project requires planning permission or not, it is important to be familiar with the planning permission application process, should you need it in the future. Let’s explore the steps involved in the planning permission application process, ensuring you have the knowledge needed to navigate the system effectively.

Steps to Follow in the Planning Permission Application Process

Applying for planning permission involves a comprehensive process, and it is essential to follow the necessary steps to ensure the success of your application. Some key steps involved in the planning permission application process include:

1. Submitting a planning application: The first step is to complete a planning application, providing the local planning authority with the necessary information about your proposed balcony development. This application can usually be submitted online through the planning portal or the local planning authority’s website.
2. Paying the application fee: A fee is typically required for the processing of planning applications. The exact fee will depend on the nature of the development and local planning authority regulations. It is important to check the fee schedule and make the necessary payments to progress the application.
3. Liaising with the local planning authority: Throughout the application process, you may need to communicate with the local planning authority, responding to any queries or providing additional information as required. It is important to maintain regular contact and follow their guidance throughout the process.
4. Waiting for a decision: Once you have submitted your planning application, the local planning authority will review the proposal. The timeframe for a decision can vary, but you should receive a response within a specified period. In some cases, you may need to provide further information or amend the application in light of the authority’s feedback.

Timeframe for Gaining Approval for Planning Permission For a Balcony

The timeframe for gaining approval for planning permission can vary depending on the complexity of the proposed development, the workload of the local planning office, and various other factors. While it is challenging to provide an exact timeline, it is important to understand that the process typically takes several weeks, if not months, for a decision to be reached. The local planning office will assess the application, consult relevant parties, and consider any objections or concerns raised by neighbours or other stakeholders.

Therefore, it is advisable to factor in this waiting period when planning your balcony development, allowing time for the planning permission process to be completed. In theory most householder planning applications should be determined in 8 weeks however, many councils are significantly backlogged and taking much longer than normal.

Determining if Planning Permission is Required

Determining whether planning permission is required for a balcony development can sometimes be a complex task, as it depends on various factors, including the property’s location, the type of balcony, and the local planning authority’s guidelines. However, there are resources available to help you navigate the planning permission process and determine the need for planning permission for your specific balcony project. 

Pre-application Consultation with the Council

Before submitting a formal planning permission application for a balcony project, you could consider engaging in a pre-application consultations your local council or planning authority. This process involves providing architectural drawings and a written proposal to seek guidance on your proposed balcony.

Pre-applications cost up to £600, take 4-8 weeks for a response, and offer a formal opinion on the requirements, feasibility, and likelihood of success. While not a pre-approval or any guarantee of approval, it can help address issues early on, ensuring compliance with regulations and increasing the chances of approval for your balcony project.

Planning Appraisal With A Town Planner

Building Regulations for Balconies

In addition to planning permission for a balcony, building regulations also play a crucial role in balcony development. Building regulations are a set of technical standards and requirements that need to be adhered to ensure the safety and functionality of the built environment, balcony structures included.

Understanding the regulations governing balconies and complying with the building regulations are essential to ensure the safety and structural integrity of your balcony. Let’s explore what building regulations say about balconies and how they can be a great way to add extra light, ventilation, and outside space to your home.

Do You Need Building Regulations for a Balcony?

Building regulations set out specific requirements for the design, construction, and safety of buildings, including balconies. These regulations provide technical guidance to ensure that balconies meet the necessary standards for structural stability, fire safety, and accessibility. Compliance with building regulations is not only important for the safety of residents but also for the longevity of the balcony structure itself.

It is crucial to consult the relevant building regulations, such as the UK Building Regulations, and work with qualified professionals to ensure that your balcony design and construction meet the required criteria, creating a safe and functional outdoor space.

Specifics of Planning Permission for Various Types of Balconies

Each type of balcony may have its own set of planning permission considerations, and it is important to understand the guidelines and regulations relevant to the specific balcony design you have in mind. 

By familiarising yourself with the requirements around planning permission for a balcony, you can make informed decisions and ensure compliance with the planning regulations. If you’re unsure about where to start with planning permission for a balcony, you’re in the right place. We have all the information you need to get started on creating your dream balcony. Get in touch today to find out more.

Planning Permission for Juliet Balconies

Juliet balconies, small decorative balconies that are typically attached to upper floor windows, often do not require full planning permission. However, there are certain circumstances where planning permission may be required, such as if the balcony is of a certain size or if it is located on a listed building.

The regulations for Juliet balconies can vary, as the permitted development rights for these balconies may depend on local planning authority policies and the specific characteristics of the building. It is always best to check with your local planning department to determine if full planning permission is needed for your Juliet balcony project.

Additionally, even if planning permission is not required, you must consider building regulations and safety standards when installing a balcony.

Planning Permission for Rear Balconies

The need for planning permission for rear balconies can vary depending on the property’s location and the specific circumstances. Rear balconies, which extend from the rear of a property, can provide an outdoor space for residents to enjoy.

However, the impact of these balconies on neighbouring properties, such as loss of light, privacy, or the visual appearance of the area, may trigger the need for planning permission. It is important to consult the local planning authority to determine the requirements for planning permission for rear balconies, accounting for the concerns of local residents and the impact on the local area.

Keep in mind that there may be different rules for planning permission for rear balconies compared to those for front balconies, so it is important to research and follow the correct guidelines for your specific situation.

Planning Permission for Balconies on Flat Roofs

Adding a balcony to a flat roof, also known as a roof terrace, will likely require planning permission from your local planning authority, depending on various factors. Balconies on flat roofs can provide a unique outdoor space, such as a ground floor extension or porch, for residents to enjoy.

However, the addition of a balcony on a flat roof may impact the visual appearance of the property, the surrounding area, or neighbouring properties. To ensure compliance with planning regulations, it is important to check with your local planning department to determine if planning permission is required for balconies on flat roofs, especially those created on the ground floor.

Failure to obtain the necessary planning permission for a balcony on a flat roof could result in enforcement action being taken against you, so it’s crucial to adhere to regulations and seek the guidance of the local planning authority.

Do You Need Planning Permission For A Balcony, Or Is It Permitted Development?

Determining whether you need permitted development for a balcony or whether it requires planning permission depends on various factors, including the property’s location, the type of balcony, and the local planning authority’s guidelines. 

While some balcony additions may be considered permitted development and do not require planning permission, others may need formal approval from your local authority. 

It is essential to understand the planning regulations and consult the local planning authority to clarify the permissions needed for a balcony project. 

By familiarising yourself with the rules and regulations, you can make informed decisions, ensure compliance, and avoid potential legal issues in the future. 

Whether you are planning a major change such as a roof terrace or a small alteration like a Juliet balcony, being aware of the permissions required is essential for a successful balcony development project. Remember, every property and circumstance is unique, so double-check with the local planning authority to determine the appropriate permissions for your balcony development.