Property Development: When are Building Regulations and Planning Permission Necessary?
Building Regulations
It should be made clear from the outset that Building Regulations have got nothing to do with Planning Permission, they are simply a set of minimum requirements designed to ensure that any work that you do, or have done, to your property is safe and legal.
It is not always necessary to apply for Planning Permission when having work done, however, all work, however minor, must adhere to the current Building Regulations outlined by the Secretary of State.
Carrying out work that fails to comply with current Building Regulations is a criminal offence, and furthermore, you are required, by law, to declare any work you have had done on your property when you come to sell it and without the correct documentation you could have a real struggle to sell for the price you feel your property is worth, if at all.
The following list should shed some light on the types of work that must receive Building Regulations approval:
• Extensions
• Conversions (e.g. loft, cellar, garage)
• Any structural alterations (e.g. the removal of a load bearing wall)
• Relocation of a bathroom or kitchen
• Installation of new heating appliances (other than electric)
• New chimneys or flues
• Any work that affects the foundations (underpinning)
• Roof covering replacement (unless it is exactly like-for-like)
• Alteration to openings in roofs or walls for new windows
• Installation of cavity insulation
• Any erection of new buildings within the property’s grounds
For a copy of the current Building Regulations you should contact your local council planning office and ask for a copy of their guidelines along with the relevant application forms, depending on the amount of work you are carrying out.
Upon the Building Regulations approval and the completion of the work you will receive a Building Regulations Certificate of Approval which you will need to keep safe for when you come to sell the property.
Planning Permission
The following section of the guide aims to help you understand the situations where Planning Permission might be necessary, for guidelines on how to go about applying for Planning Permission, and for information regarding the consequences that might occur if you don’t, see our ‘Guide to applying for Planning Permission’.
The bullet points below detail common examples of when you will need to apply for Planning Permission:
• If you intend to divide off part of the property as a separate home (e.g. for a self contained flat)
• If you are looking to build a separate dwelling in your garden
• If you want to build a parking space for a commercial vehicle
• If you are considering dividing the property into separate work and living accommodation (e.g. dental surgery, hairdressers, physiotherapist)
• If the work you are planning to do might obstruct the view of the road access
• If the work would require a new or enlarged access to a trunk or classified road
• If you are looking to extend the property beyond your permitted development rights
Building without planning permission can be a very costly mistake, so proceed with caution and do not take any risks!
