Planning & building regulations

PP.08 — Planning & Building Regulations

Two separate regimes, both must be checked on every transaction. A property can comply with one and breach the other.

Planning permission

Source: Town and Country Planning Act 1990 (TCPA 1990). Planning permission is needed for any "development" — s.55: (a) building/engineering/mining/other operations on land, or (b) a material change of use.

Not development / no application needed:

• Works affecting only the interior, or not materially affecting the external appearance (s.55(2)(a)).
• Use changes within the same use class (Use Classes Order 1987, as amended — note the broad Class E commercial/business/service class from 2020).
• Permitted development under the General Permitted Development Order (GPDO) 2015 — deemed permission for specified works (e.g. certain extensions, but PD rights can be removed by an Article 4 direction or planning condition).

Listed buildings: Planning (Listed Buildings and Conservation Areas) Act 1990. Listed Building Consent is needed for demolition, alteration or extension affecting character — separate from planning. Doing works without it is a criminal offence (strict; no time limit on enforcement). Conservation areas attract extra controls.

Building regulations

Source: Building Act 1984 + Building Regulations 2010. Concern construction standards/safety (structure, fire, drainage, energy, etc.), regardless of whether planning was needed. Compliance evidenced by a completion certificate (building control body — local authority or approved inspector). Breach is enforceable and can be a barrier on sale.

Enforcement time limits — common SBAQ trap

Since the Levelling-up and Regeneration Act 2023 (in force April 2024), the time limit for taking enforcement action against unauthorised development is now a single 10 years for all breaches (the old 4-year rule for building works/change to single dwelling is gone). After 10 years the development becomes immune (lawful) — buyer can seek a Certificate of Lawfulness.

Traps to nail

• Planning and building regs are independent — answer must address both.
• Listed building consent offences carry no immunity period and are criminal — distinguish from ordinary planning enforcement.
• Enforcement immunity makes development lawful but does not cure a breach of a restrictive covenant (private law — separate).
• Permitted development can be switched off by Article 4 direction.
• On a sale, missing consents are typically dealt with by indemnity insurance (but never contact the council first — that destroys insurability).