In brief:
- Given the hot weather we have been having, installing air conditioning may become a priority in some properties, however, although the installation may be straightforward, the legal position could be more challenging.
- Planning laws can affect the positioning of any parts of a unit located on external walls and the humidity generated by some systems could affect the fabric of a building. Leasehold properties and listed buildings are subject to additional considerations.
- In some cases installation of air conditioning without proper consent could amount to a criminal offence.
A note for homeowners and property agents in England
Following the recent London heatwave, and with higher summer temperatures becoming more common as a result of climate change, interest in air conditioning has grown steadily. Overseas owners and agents, particularly US clients, often ask about installing it, sometimes assuming the position in England will be broadly similar to the US. In practice, the legal and regulatory framework here is often stricter, and issues such as planning permission, listed building consent, Building Regulations and lease covenants need to be considered carefully before any system is installed.
Getting it wrong can mean having to remove a unit at your own expense or, in the most serious cases, facing criminal liability. This note outlines the main issues.
Is planning permission needed?
External air conditioning units fixed to a building, such as condenser units on external walls or roofs, are generally treated as an alteration to the exterior of the building. In principle, planning permission may therefore be required before installation.
In many cases, however, permitted development rights mean that a formal planning application is not needed. These rights allow certain works to proceed without express planning permission, provided they fall within specified limits and conditions. If the property is in a conservation area, the visual impact of the unit is likely to be particularly important.
Where permitted development rights do not apply and a planning application is required, the local planning authority is likely to consider matters such as:
- visibility
- noise
- vibration
If planning permission is granted, it may be subject to ongoing conditions, particularly in relation to noise and vibration. It is sensible to ensure units are serviced regularly and to take expert advice on repair or replacement where needed to remain compliant.
Watch out for conditions on previous planning permissions
It is easy to overlook conditions attached to earlier planning permissions affecting a property. Even where an installation would otherwise benefit from permitted development rights, those rights may have been removed or restricted by a condition on an earlier permission.
A simple example is where permission was granted for a single-storey extension with a flat roof, subject to a condition preventing anything being placed on that roof. In that case, installing a condenser unit there would require a separate planning application, regardless of any permitted development rights that might otherwise apply.
Enforcement
If works are carried out without the required planning permission, the local planning authority may take enforcement action. The most common step is service of an enforcement notice, typically requiring the unit to be repositioned or removed and the property reinstated.
Importantly, failure to comply with an enforcement notice is a criminal offence. This is not merely a regulatory inconvenience: it can lead to prosecution and fines. If you do not live at the property, it is particularly important to have arrangements in place to ensure that any post sent there is dealt with promptly.
Building regulations
Installing a new fixed air conditioning system will often require compliance with Building Regulations, and the installer should provide appropriate certification to confirm this.
Breaching Building Regulations can lead to enforcement action, and in some cases criminal penalties, as well as the possibility of having to alter or remove the installation.
There is also an increasing focus on energy efficiency. Depending on the system selected, air conditioning may increase energy consumption, so it is sensible to consider efficiency ratings, insulation, controls and the wider environmental impact before proceeding.
Leasehold properties: additional points to consider
Most residential leases contain covenants restricting alterations. Even where alterations are permitted, the lease often allows only non-structural alterations and only within the parts of the property included in the demise.
The demise will usually exclude the structure of the building. As a result, if the works affect the structure, for example by drilling through an external wall, the landlord’s consent is likely to be required. Obtaining consent can take time and usually involves paying the landlord’s legal and surveyor’s costs. Depending on the wording of the lease, the landlord may be under no obligation to give consent at all.
Some leases, estate regulations or building rules may prohibit the installation of air conditioning altogether, so the position should always be checked carefully at the outset.
Failure to comply with lease covenants may amount to a breach of covenant, which could lead to a claim requiring removal of the unit and reinstatement.
Rising summer temperatures may require landlords and management companies to think again about older policies and lease covenants that operate as an effective blanket ban on air conditioning. As periods of extreme heat become more common, this is no longer simply a question of comfort. In some cases, particularly where elderly or otherwise vulnerable occupiers are involved, it may engage issues of health, wellbeing and basic safety. That does not remove the need to comply with planning, listed building, Building Regulations or lease requirements, but we wonder if it may become increasingly difficult to justify a rigid refusal to consider sensible proposals, especially where the impact on the building can be properly managed.
Listed buildings: a higher bar
It is a criminal offence to carry out works affecting the character of a listed building, whether internally or externally, without listed building consent. Installing air conditioning, with associated pipework, internal units and an external condenser, will very often trigger this requirement.
This is separate from planning permission. Having planning permission does not remove the need for listed building consent, and carrying out works without it can lead to prosecution.
Some types of air conditioning, particularly systems without effective dehumidification, may increase humidity levels within a property. In older buildings with historic materials and construction, this can cause damage over time, including damage to stone, plaster, timber and decorative finishes. If air conditioning is being considered for a listed building, specialist advice should be taken to ensure the system will not harm the building fabric.
Are there alternatives to conventional external units?
Possibly. Not all cooling systems involve a large external condenser mounted on a wall or roof. There are internal-only or low-visibility systems available in some cases, and these may offer a possible solution where planning constraints, listed building issues or lease restrictions make a conventional installation difficult.
However, these systems are not automatically free from legal or regulatory issues. Even where the equipment is largely internal, other factors may still need to be checked, including:
- whether any external grilles, vents or outlets are required
- whether the works affect the structure
- whether landlord’s consent is needed under the lease
- whether Building Regulations apply
- whether the character of a listed building may still be affected
In short, alternative systems may help, but they are not a substitute for checking the legal position first.
What about air source heat pumps?
Many of the same issues arise where an air source heat pump is proposed instead of a conventional air conditioning system. Heat pumps also involve external units fixed to a building, so the same questions about planning permission, permitted development rights, listed building consent and conditions on earlier permissions will apply.
There is a specific permitted development regime for heat pumps, but it has its own conditions and exclusions. If in doubt, the same rule applies; check before installation.
Why this matters?
It is important to have the right permissions and approvals in place:
- to ensure the installation is safe
- to avoid enforcement action, fines or criminal liability
- to avoid delay or difficulty on a future sale of the property
There is also a wider balance to be struck. As hotter summers become more common, cooling may increasingly be seen not simply as a matter of comfort but, in some cases, as a matter of health and wellbeing. At the same time, air conditioning can add to energy use and raises its own environmental concerns. The legal framework has not disappeared, but these competing considerations are likely to become more prominent in the years ahead.
The key message is simple: do not instruct a contractor before taking advice.
How we can help
Our residential real estate team can review the regulations which apply to your property and advise on the consents required.