Replacement Window that breaks planning regulations

ac794613

Hi,
Thanks in advance for any guidance on this.
I've just had a replacement bathroom window fitted on the side of my house, which now opens at the bottom.  When we were sold the window we asked if there were restrictions on this and were told "you can have what you want".  From some searching online, it appears this isn't true; any side facing window less than 1.7m above the floor that opens requires planning approval.
We have paid a deposit, but not paid the balance yet.  The supplier is FENSA registered, but has not given us a certificate for the window yet. 
Because the window doesn't meeting planning regulations am I within my rights to not pay the balance and ask for my deposit back? 
The builder I have working in my house at the moment tells me it was badly installed anyway, so I don't want them to just change the window.

Many thanks!

born_again

Why would you need planning permission for a "replacement" window" unless there is a massive difference, Size etc, which I doubt the way it opens is?

DiddyDavies

born_again said:

Why would you need planning permission for a "replacement" window" unless there is a massive difference, Size etc, which I doubt the way it opens is?

If a replacement window is fitted on any floor above ground level, is side facing and the base of the window is 1.7m or less from the floor then that window must be incapable of being opened. This is a safety requirement to prevent children and other vulnerable people from being put at risk from an accessible open window which is at a dangerous height. 
If the window doesn't comply with the above then planning permission will probably be required.

OP, have you looked into seeing if a window lock or catch that restricts the opening would make the window permissible? 

davidmcn

DiddyDavies said:

born_again said:

Why would you need planning permission for a "replacement" window" unless there is a massive difference, Size etc, which I doubt the way it opens is?

If a replacement window is fitted on any floor above ground level, is side facing and the base of the window is 1.7m or less from the floor then that window must be incapable of being opened. This is a safety requirement to prevent children and other vulnerable people from being put at risk from an accessible open window which is at a dangerous height. 
If the window doesn't comply with the above then planning permission will probably be required.

Isn't that a building regulations matter rather than planning?

DiddyDavies

davidmcn said:

Isn't that a building regulations matter rather than planning?

Not according to my local council (Lambeth, but other councils may vary).

www.lambeth.gov.uk/planning-and-building-control/planning-applications/find-out-about-replacing-your-windows-guide

1. Replacing the windows in a house

Most houses have permitted development rights which make it possible to replace existing windows (or create new windows) without requiring planning permission from the council, so long as:

• The materials of the proposed windows are 'of a similar appearance' to the materials of the existing windows, and
• Any upper floor side windows are obscure-glazed and non-opening. (Note that the non-opening requirement does not apply if the parts of the window that can be opened would be more than 1.7m above internal floor level).

If the proposal does not comply with points above then planning permission will be required.

ac794613

DiddyDavies said:

born_again said:

Why would you need planning permission for a "replacement" window" unless there is a massive difference, Size etc, which I doubt the way it opens is?

If a replacement window is fitted on any floor above ground level, is side facing and the base of the window is 1.7m or less from the floor then that window must be incapable of being opened. This is a safety requirement to prevent children and other vulnerable people from being put at risk from an accessible open window which is at a dangerous height. 
If the window doesn't comply with the above then planning permission will probably be required.

OP, have you looked into seeing if a window lock or catch that restricts the opening would make the window permissible? 

Hi, no I haven't, all I have to go on is the published guidance.  I contacted the planning department, but they wouldn't "provide informal advice", they referred me to the same text as you've quoted.  If it was a building regulations issue they would clearly be breaching FENSA guidelines and wouldn't be able to certify the window.  As its a planning question I'm not 100% sure, but seeing as they are supposed to register with the council, I presume that they have to declare it is compliant with planning regulations also.  Any confirmation on that point would be very helpful.

unholyangel

Not an expert in double glazing, but I seem to recall there was a requirement to have opening windows on the ground and first floors, that a person would fit through in case of fire. 

That would seem at odds with the claim it needs to be non-opening for the safety of people inside. 

Why not call your local planning department and query it with them? 

Aylesbury_Duck

Isn't it ultimately the householder's responsibility to ensure that planning regulations are adhered to?  Can you just abdicate the decision to a window fitter?

bap98189

That doesn't mean the window cannot be opened at all. It just means it must be incapable of being opened from outside. You just need to be able to lock it from the inside. Does it have a lock or a catch of some kind to prevent it being opened?

davidmcn

ac794613 said:

DiddyDavies said:

born_again said:

Why would you need planning permission for a "replacement" window" unless there is a massive difference, Size etc, which I doubt the way it opens is?

If a replacement window is fitted on any floor above ground level, is side facing and the base of the window is 1.7m or less from the floor then that window must be incapable of being opened. This is a safety requirement to prevent children and other vulnerable people from being put at risk from an accessible open window which is at a dangerous height. 
If the window doesn't comply with the above then planning permission will probably be required.

OP, have you looked into seeing if a window lock or catch that restricts the opening would make the window permissible? 

As its a planning question I'm not 100% sure, but seeing as they are supposed to register with the council, I presume that they have to declare it is compliant with planning regulations also.  Any confirmation on that point would be very helpful.

No, compliance with planning is your responsibility. I'm not sure that it's implicit that somebody replacing the window is meant to be qualified to give you planning advice.

ac794613

Aylesbury_Duck said:

Isn't it ultimately the householder's responsibility to ensure that planning regulations are adhered to?  Can you just abdicate the decision to a window fitter?

Thanks, that is precisely my question; as a FENSA registered installer they are responsible for certifying that the window meets building regulations and is registered with the council.  This is precisely why FENSA exists and why we as consumers are told to use them.  Logically that means they should have to ensure planning regulations are followed so they can register with the council.  I just want to make sure that is the case.  The council planning department won't confirm, FENSA website doesn't say (and they can't be contacted) and a lot of googling has proved fruitless!