Many people think that Planning Permission and Building Regulations are the same thing. They are actually two separate types of permission.
Thanks to John Cook –Managing Director Cinnamon Property Lawyers for this series of articles.
John has extensive experience of delivering legal services across a broad range of property transactions having worked in the legal services industry for the last 22 years.
Permissions
In the last article we discussed that there are three areas where permission may have been required.
- You need to check whether Covenant Consent was needed;
- You need to check whether Planning Permission was required and if it was obtained; and
- You need to check whether Building Regulation approval was required and if it was obtained.
Planning Permission and Building Regulations
Many people think that Planning Permission and Building Regulations are the same thing. They are actually two separate types of permission.
Planning Permission is normally primarily concerned with matters of site layout, external design and the effect that the development will have on the general environment and neighbouring properties. Planning also deal with listed buildings, conservation areas and tree preservation orders.
Building Regulations are concerned with the actual construction process for both internal and external alterations, which involves regular site inspections whilst the works are in progress. This includes checking the structural stability, fire precautions and means of escape, weather resistance, energy conservation, sound insulation, access and facilities for disabled people (if appropriate).
Both sections work independently of each other. Some, though not all, types of works may require both approvals, and some may need one or the other. Some (not all) local authorities will check Planning applications received to see if a Building Regulations application is required.
The rules around which documents are required can be complex and will depend on the nature of each development.
Generally speaking where there is no change of use of the property the actual enforcement time for a breach of planning regulations is 4 years. Many lawyers ask for older permissions. I usually ask for permissions up to 10 years old. This is because I’m not only checking for enforcement issues, I’m also looking to see what level of diligence was there when the property was extended. Poor workmanship often follows a lack of detail and I like my clients to know what they are buying!
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