FLK2 · Property Practice

Planning & building regulations

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

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).

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A woman is the treasurer of a small amateur football club. Members pay £20 each month in cash. Under the club rules she accepted on becoming treasurer, she must bank the subscriptions into the club's dedicated account within seven days. One month she receives £200 in subscriptions and spends the cash on her own gas bill that same day. She intends to replace the money from her wages before anyone notices, and pays an equivalent £200 into the club account two weeks later. Which statement best explains how section 5(3) of the Theft Act 1968 applies to the subscriptions when she pays the gas bill?

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