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How the law may affect your roofing work

Roofing London • September 20, 2022

You may not realise, but there are legal requirements to adhere to when having a roof replaced on your home. It is vital to ensure that you aware of these before planning a roof replacement, so that you stay on the right side of the law.


The Town and Country Planning Act

Always make sure to consult with your local planning authority prior to replacing your roof. By submitting a pre planning application, you will be able to find out if your roofing work falls under ’permitted development’. If your property does not have permitted development rights, then you will likely require a full planning application to carry out a replacement. For properties in conservation areas and listed buildings, the likelihood is that you will require a full planning application. In these instances, Planners will want to see that any roofing work is sympathetic to the original building’s heritage and that the new roof is in keeping with the appearance of the surrounding properties. For example, natural slate tiles, stone quarry tiles and ornate features should all be replaced on a like for like basis if your property requires planning permission.


Failure to comply with the Town and Country Planning Act may lead to prosecution and you can be asked to remove any work that does not comply with the law.


The Building Regulations

The building regulations are in place to ensure the standard of building work in England and Wales meets a minimum standard. Before you carry out any roofing work, it is essential to check if you are required to submit a building control application. Failure to comply with the building regulations may result in prosecution under the magistrates’ court and you may be asked to put right or remove any works that do not comply


When it comes to roofing works, you are required to comply with the current building regulations if you are replacing more than 50% of your roof and your roof accounts for more than 25% of the building envelope.

You will also need to submit a building control application if you are making alterations to the roof structure, if you are adding more than 15% to the roof weight, or if you are making a significant material change to the roof covering.

When it comes to upgrading the thermal elements of your roof, you will be required to achieve a minimum U-Value 0.15W/m²K, which came into effect in June 2022.


Implications on a property sale

If your roofing work has not been compliant with the planning or building regulations, then this will be evident in local searches that are done as part of a property sale. This can severely affect the value of your property and hinder your ability to sell the property in future.


The Party Wall Act

The Party Wall Act is in place to govern works that affect the party wall boundary between yours and your neighbour’s property. Under the Party Wall Act, you are legally required to inform your neighbour of any works that affect the party wall boundary.

Examples of roofing elements to consider under the party wall act are fire stopping on the party wall, bonding gutter installation, chimney flashings and valleys.


If your neighbour consents to the work, then this can proceed without issue. However, if your neighbour disputes the work, then additional consultation will be required with the adjudication of a party wall surveyor.

If you are unsure about whether your roofing work will require a party wall notice, then it is best to seek advice from a party wall surveyor.


Wildlife and Countryside Act

Under the Wildlife and Countryside Act, you are required to ensure that your roofing work does not cause disturbance to any protected species.


Bats are a protected species that commonly nest in loft spaces, under eaves and under roof felt. If you suspect that your roof contains bats, or nesting birds, or if you have evidence of this, then you will require a licence from Natural England to undertake the roofing works. Knowingly or recklessly disturbing a protected species can result in prosecution.

Under a Natural England Licence, you may be restricted to carry out roofing works at certain times of the year to avoid nesting seasons and hibernation months. For avoid falling foul of the law, Roofers London recommend that you consult with an ecology surveyor prior to undertaking roofing works.


Control of Asbestos Regulations

If your property was constructed pre 2000, then it may contain asbestos. If your roof does contain asbestos, then this will need to be removed be a specialist asbestos waste removal company and disposed of at a designated asbestos waste site. Failure to ensure that asbestos waste is disposed correctly is a criminal act and you could be prosecuted for this. During the initial roof survey, it is important that you ask your roofing contractor to identify any materials that may contain asbestos.


If you need any further support, advice or guidance in respect to the replacement of your roof, get in touch with our professional Roofers in London today.

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