Building regulations and planning permission

Building regulations

Types of projects that may amount to building work and may be subject to building regulations:

• The erection or extension of a building
• Installation or extension of a service or fitting which is controlled under the regulations
• An alteration involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
• Changes to a building’s fundamental use
• The insertion of insulation into a cavity wall
• Work which can affect any thermal elements, energy status or performance of a building

More information as to further clarification of the meaning of building work can be found in Regulation 3 of the Building Regulations 2010.

Planning permission

This will most likely be needed when making material changes to a building or land, such as changing its use or when simply building something new. 

It ensures that developments are carried out as planned and in an appropriate fashion, and it is the formal process that decides whether proposed developments should be allowed to go ahead or not. 

The relevant local planning authority is guided by a development plan which seeks to incorporate the Local Development Framework for an area. Legislation that governs this area is the Town and Country Planning Act 1990.

Common projects which fall outside the definition of a development:

• Maintenance, improvements or any other alterations which only affect the interior of the building or those which do not materially alter the external appearance.
  
   
• A change of use within the same class use as specified Town and Country Planning (Use Classes) Order 1987. Such as a change from a hairdresser to a post office as both uses are within use class A1.
  
   
• Converting a room of a house such as a garage into additional living space (although building regulation compliance might apply)

Enforceability

Where permission has been granted subject to conditions, these conditions must be strictly obeyed. Additional conditions may include approval for specific aspects of the development, such as the type of material to be used.

Breaches of the planning regulations or not getting planning permission at all, may lead to an investigation and service of an enforcement notice. This can happen in situations such as where:

• Planning permission has not been obtained for development work that clearly required permission.
• The work for which permission has been granted has not been carried out in accordance with the permission.
• The planning conditions have not been complied with correctly.

Where there has been a breach of planning control, the Local Planning Authority must take enforcement action within a certain period. The time limit for enforcement action is ten years. 

However, the exception to this is those actions regarding building works for changing the use of a building to use as a single dwelling, in which case it must be started within four years of the breach. 

However, it is vital to note that the Localism Act 2011 allows for Local Planning Authorities to apply to a magistrates’ court for an enforcement order where the statutory time limit has expired.

Enforcement actions 

• Enforcement notice – Giving notice of the matters alleged to constitute the breach and setting out steps that are required to remedy the breach as well as the time within which these steps must be taken.
  
   
• Stop notice – This is served in conjunction with an enforcement notice and prohibits activities stated within the enforcement notice pending the outcome of any appeal.
  
   
• Temporary stop notice – This notice allows the Local Planning Authority to prevent activities until further consideration on what permanent action to take.
  
   
• Breach of a condition notice – This cannot be appealed against its service. Defences available are also limited.
  
   
• Retrospective planning application – The Local Planning Authority considers the application after the date any development works have commenced.
  
   
• Planning contravention notice – This will be served when more information is needed in respect of the alleged breach in order to determine whether an enforcement action must be taken.
  
   
• Injunction – This is a court order requiring you to stop any further development work.

Our planning law solicitors can help you understand your options

With solicitors in Brighton, Eastbourne, Hastings, London, and Uckfield, we work with a wide range of clients across the UK.

If you need legal support with building regulations and planning permission, contact our team.