There does come a time though when it’s crucial to consider upgrades to your home to aid in energy efficiency and one of these is the replacement of old windows. Over 80% of properties in the UK are now fitted with double glazing, showing the respect these units have amongst homeowners all over the country.

So, if you’ve decided replacement windows are the way forward, you’ll need an idea on the legal issues behind an installation. In this case, we would be referring to planning permission and Building Regulations.

These two government conditions are set out on all building works you may possibly undertake. Before carrying out any work around the home it’s crucial to have an understanding of both and know the ins and outs of how to avoid falling short of the law.

There is a significant difference between the two as well, despite many people muddling up planning permission and Building Regulations.

Planning permission is used to guide how villages, towns and cities are developed. There are controls in place as to how buildings can appear, whom they may impact and how they’ll affect the environment.

On the other hand, Building Regulations set the rules regarding construction in regards to health and safety.

As there is a clear difference between the two, each will need to be applied for separately. Planning permission is somewhat more relaxed and in many instances is not required. However, if you’re ever unsure it’s always worth contacting your local authorities to ensure keeping within the law.

Planning Permission for Replacement Windows

Planning permission has been relaxed in recent times to help more homeowners improve their properties without the stipulation of rules. This has particularly benefitted those keen to extend their home with a conservatory, orangery or simple single storey extension.

As such, there is usually no need to apply for planning permission for all window work. This would include:

  • Repairs to your existing windows
  • Maintenance to the windows
  • Improvements such as repainting
  • Installation of new windows (so long as they’re similar in appearance to those used in the construction of the property).

Please note, if you have plans to incorporate a bay window into your home, this could be regarded as an extension. Check with your local authorities on the planning permission rules regarding this.

Many homeowners now have Velux (skylight) windows installed and likewise, won’t require planning permission, so long as:

  • The unit does not exceed 150mm beyond the roof slope
  • The window is no higher than the highest point of the roof
  • Side elevation windows must be obscure-glazed.

It’s also worth noting the local council could have placed an Article 4 Direction on your property or area, which removes the right to develop without planning permission. Therefore, check your house deeds or contact the council directly.

Planning permission is also required for listed buildings and properties in conservation areas or World Heritage Sites. These properties remain part of the UK’s culture and it’s illegal to make alterations, including the installation of replacement windows, without prior approval.

There is the opportunity to receive permission, but the best way to go about this is ensuring the new windows replicate or are as close to the previous design as possible. Timber frames are more likely to be approved and for some properties it’ll be best to consider secondary glazing as a heat retaining option.

Building Regulations Governing Replacement Windows

Although planning permission isn’t always necessary for those replacing their windows, Building Regulations will play a vital role. Replacement glazing has been governed by Building Regulations since 2002 and covers important factors such as air supply, ventilation, safety and escape means.

As windows are considered a ‘controlled fitting’, they are regulated by Building Regulations. As such, certain standards must be met for the replacement windows to be approved installations.

Perhaps the easiest way to ensure not falling foul of the law, would be choosing a professional window fitter registered with a national governing body or scheme. This installer will be aware of Building Regulations and know exactly how to ensure they’re adhered to at all times, before issuing a certificate to prove the quality of work.

The other option would be to use an unregistered installer or attempt DIY. After the window has been replaced, you’ll then need to seek approval from the Building Control Body to verify the window’s quality is in line with Building Reg’s. If the work doesn’t meet standards, you could be ordered to have the unit removed at your own cost.

What is covered by Building Regulations?

There are a number of contributing factors making up the full Building Regulations code. However, for replacement windows you’ll typically only need to concern yourself with the following bullet points.

• Heat Loss / Energy Efficiency

The government has placed more emphasis on the need to have an energy efficient property in recent times. Of course, as discussed throughout this guide, windows are a key component of ensuring thermal efficiency in your home.

For replacement windows to comply with Building Regulations, only a certain amount of heat can be allowed to escape. This is measured with something known as the U Value and calculates how much heat is lost through the glass and frame.

• Safety of the glazing

For most windows you’ll be able to install standard glazing. However, for critical areas Building Regulations states the need for safety glass to be installed. This could be toughened or laminated glass. Critical areas are deemed to be those where there’s the greatest chance of personal injury.

This includes but is not limited to:

1. Glazing within 800mm of ground level

2. Glazed doors

3. Glazing within 300mm of a door.

• Ventilation / Air

Your home should be sufficiently ventilated and the windows and doors within a property help in this department. Of course, the amount of ventilation required will take a number of factors into consideration, especially in rooms where steam is produced.

• Fire Safety & Escape

Replacement windows should be built to allow for the same potential evacuation of a property as before. Of course, if the previous window was much larger than necessary, you can scale down accordingly. However, there must still be the possibility of emergency exit. You should also consider the replacement of small upstairs windows with larger units.