Summary
Summary SQE2 - Real Property (Planning)
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Development Planning Permission General Permitted Development Order Building Regulation Control
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By: yazanbdair • 2 year ago
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Planning lawWhat is development? When is planning permission required?
For development, planning permission is required for building works, change of use of
buildings and planning conditions. Planning permission may be applied for in two ways.
Outline application is cheaper and quicker, not detailed, permission is granted ‘in principle’.
Full application is more detailed, work starts within 3 years after receiving planning
permission, and conditions may be attached. Ultimately, the application will be sent to the
local authority serving property.
No planning permission is required for small extensions/porches towards dwelling homes,
mining building operations including fences and gates, and change of use between specific
user classes. Instead, General Permitted Development Order (GPDO) is required.
Works that do not constitute development include interior only, agriculture/forestry, public
utilities, operations to increase gross floor space of retail premises by 200 sqm, change of use
within the same class.
When is Building Regulation Control required?
Building Regulation controls are required for approving two structures. They begin within 3
years after the planning permission is rescinded.
Structural alterations require building regulation control for replacing windows, replacing
boilers, electrical works, installing wood/coal or buying fires/stoves.
Structural buildings require building regulation control for new buildings, extensions and
structural alterations.
Otherwise, S must provide indemnity policy (financial compensation).
What is required for enforcement (breach of Building Regulations Control)?
For breach of Building Regulations Control, the planning enforcement notice must be served
within certain time frames. For building operations or change of use, it must be served within
4 years since the breach. For conditions attached to planning permission or unauthorised
material change of use, it must be served within 10 years since breach. If the time limit
expires, the local authority can apply to the court for work deliberately hidden.
The Local Planning Authority has various powers. It can prosecute in magistrates’ court
within 6 months of breach discovery with action taken within 2 years of completing the
building work. It can serve enforcement notice within 12 months from completion to change
building work or require building work removal. It can apply for injunction at the court to
stop the building use.
Buyer can avoid enforcement of the notice as long as S applies for Regularisation Certificate.
Lists works are required to allow building regulations to be granted, S must complete works
before completion or reduce the purchase price to cover costs.
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