Planning & Architectural Services

The distinction between Planning Permission and Building Regulations is an important aspect of the construction and development process, each serving different purposes:

Planning Permission:

• Purpose: Planning permission is primarily concerned with the aesthetics of a building, its impact on the surrounding environment, the use of land, and ensuring developments align with local planning policies and strategies. It’s about whether a building or extension can be constructed at all, where it can be located, and how it will affect the broader area or community.
• Scope: This process evaluates the size, layout, siting, and external appearance of buildings, as well as the proposed use of the building and its impact on the local environment and infrastructure.
• Authority: Decisions on planning applications are made by the local planning authority (LPA) based on local and national planning policies.

Building Regulations:

• Purpose: Building Regulations, on the other hand, are concerned with how a building is constructed or altered. Their primary focus is on ensuring the health and safety of those in or around the buildings, energy efficiency, accessibility, and sustainability of construction.
• Scope: These regulations cover the technical aspects of construction, such as structural integrity, fire safety, insulation, ventilation, water efficiency, and accessibility. Compliance is demonstrated through detailed technical drawings and specifications that meet the standards set out in the Building Regulations.
• Authority: Approval is typically overseen by Building Control Bodies (BCB) – either from the Local Authority or a private Approved Inspector.

It’s possible for a project to require both Planning Permission and Building Regulations approval, and it’s essential to secure these approvals at the appropriate stages of your project. Planning Permission should be sought first, as it determines whether the proposed development is allowed. Once obtained, detailed designs that comply with Building Regulations can be developed and submitted for approval before construction begins.

The duration of the planning process can vary significantly depending on several factors, including the complexity of the project, the local authority’s workload, and whether your application is for outline or full planning permission. In the UK, the general guideline for a decision on a straightforward planning application is 8 weeks for minor developments and 13 weeks for major developments. However, it’s not uncommon for more complex applications or those that require additional consultations or adjustments to take longer.

For applications that go through without any issues, the 8 or 13-week timeframe is a reasonable expectation. However, if there are objections, the need for additional information, or if the application is called into a planning committee meeting, the process can extend beyond these timeframes. Additionally, if your application is refused and you decide to appeal the decision, the appeal process can take several months.

It’s essential to prepare a comprehensive and well-considered application to help minimise delays. Engaging with planning consultants or firms with expertise in the local area’s planning policies, like David Cosby, can also aid in navigating the process more smoothly and potentially expedite approval.

Not all home extensions require planning permission, thanks to rules on “permitted development.” These rules allow for certain types of work to be carried out without needing to apply for planning permission, provided they meet specific criteria. However, the scope for permitted development can vary based on location, the type of property, and whether it’s in a designated area such as a conservation area or an Area of Outstanding Natural Beauty.

For further reading please see our blog post: Permitted Development Rights

Ensuring compliance with Building Regulations is a critical aspect of our services at David Cosby. Our approach is to seamlessly integrate regulatory requirements into every stage of your project, from initial design through to completion. Here’s how we ensure compliance:

1. Expert Knowledge: Our team stays up-to-date with the latest Building Regulations and amendments. This continuous professional development ensures we are always well-informed about current standards relating to structural integrity, fire safety, energy efficiency, and accessibility, among others.

2. Preliminary Assessment: Before we begin the detailed design process, we conduct a thorough assessment of the proposed project against the relevant parts of the Building Regulations. This preliminary review helps identify any potential compliance issues early on, allowing for adjustments before detailed plans are developed.

3. Detailed Design Documentation: We produce comprehensive working drawings and specifications that clearly detail how the proposed works will comply with Building Regulations. 

4. Consultation with Approved Inspectors or Building Control Bodies: We engage closely with either local authority Building Control or approved independent inspectors from the project’s outset. This proactive approach allows us to discuss and clarify compliance issues early, facilitating a smoother approval process.

5. Use of Approved Materials and Practices: Our designs specify materials and construction techniques that meet or exceed the standards required by the Building Regulations. 

In most cases, structural drawings and calculations are not required for the initial submission of a Planning Application in the UK. Planning Permission primarily focuses on the principle of development, the appearance of the proposed building, its use, and its impact on the surrounding environment. The details reviewed during the planning stage typically include site layout, elevations, floor plans, and sometimes landscaping details, rather than the technical structural aspects of how the building will be constructed.

However, structural drawings and calculations become crucial later in the project, specifically when you apply for Building Regulations approval. If you’re proposals require input from a Structural Engineer to provide calculations and supplementary drawings, we can arrange this through external consultants.

Yes, technically, you can draw your own plans for Building Regulations approval in the UK. However, it’s important to consider the complexity and specific requirements involved. Building Regulations plans need to be detailed and include precise information about the construction methods, materials, and compliance with various aspects of the Building Regulations, such as structural integrity, fire safety, insulation, ventilation, and accessibility.

If you have a good understanding of construction techniques and the Building Regulations themselves, it’s possible to produce these plans on your own. However, for most people, especially those without a background in construction or architecture, creating these plans to the required standard can be challenging. The details required go beyond the general layout and appearance, delving into technical specifications that ensure the safety and functionality of the building.

In the UK, certain types of buildings and structures are exempt from Building Regulations, meaning they do not need to meet the same standards of construction, energy efficiency, and safety as others. However, it’s essential to note that even if a building is exempt from Building Regulations, it might still require planning permission. The exemptions are generally based on the building’s use, size, and nature. Here are some common examples of exempt buildings:

1. Agricultural Buildings: Buildings used for agriculture, as long as they are not residential buildings, may be exempt, provided they are situated sufficiently far away from other buildings.

2. Temporary Buildings: Buildings erected for a temporary period not exceeding 28 days in total, or structures like marquees, may be exempt.

3. Small Detached Buildings: This includes small, detached buildings such as sheds, greenhouses, and other structures that are not used for residential purposes and meet specific size and construction criteria.

4. Conservatories and Porches: Conservatories and porches are exempt provided they are at ground level, the floor area does not exceed 30 square meters, and in the case of conservatories, the existing walls, doors, and windows separating the conservatory from the house are retained or replaced with new ones that meet Building Regulations.

5. Ancillary Buildings: Ancillary buildings, such as private garages, can be exempt if their internal floor area does not exceed 30 square meters, and they are either constructed substantially of non-combustible materials or are a certain distance from any boundary.

6. Covered Ways and Carports: Open-sided carports and covered ways may be exempt if their floor area does not exceed 30 square meters.

It’s important to note that even within these categories, certain conditions must be met for a building to be considered exempt, and there are nuances to the regulations that might affect whether or not a building truly qualifies. Additionally, specific regulations such as those concerning electrical safety (Part P) might still apply to exempt buildings.

Before proceeding with any construction or modification work it’s strongly advised to seek professional advice to ensure that you comply with all relevant laws and regulations.

Building without the necessary Building Regulations approval in the UK can lead to significant legal and financial consequences. The Building Regulations are designed to ensure that buildings meet specific safety, health, environmental, and accessibility standards. If you carry out work without obtaining the required approval, you might face several issues:

1. Enforcement Action: Your local authority’s Building Control department has the power to enforce compliance with the Building Regulations. If they discover that work has been carried out without the necessary approval, they can issue an enforcement notice requiring the alteration or removal of work that does not comply with the regulations. You will be responsible for the cost of making the changes, which can be substantial.

2. Selling Your Property: If you try to sell a property that has had work done without Building Regulations approval, you may encounter difficulties. Solicitors representing potential buyers will check for compliance with Building Regulations, and the absence of approval can delay or even prevent the sale. You might need to apply for retrospective approval (Regularisation) which can be costly and is not guaranteed to be granted.

3. Regularisation: For work carried out without approval, you can apply for a Regularisation Certificate. This involves the local authority inspecting the work, and you may need to uncover parts of the work for inspection. If the work does not meet Building Regulations standards, you will need to rectify it at your own expense. There’s also a fee for the regularisation process.

4. Safety Risks: Beyond legal issues, unapproved work may pose safety risks. Without adherence to Building Regulations, there’s a higher chance that the construction may not meet the necessary safety standards, potentially putting you and others at risk.

5. Insurance Implications: Work carried out without Building Regulations approval may affect your building insurance. If a claim arises related to the non-compliant work, your insurer may refuse to cover it.

6. Legal Liability: If the non-compliant work results in damage or injury, you could be held legally liable. This could lead to lawsuits and significant financial penalties.

Yes, it is possible to sell a house without a Building Regulations certificate, but it can complicate the process and potentially affect the sale price, the willingness of buyers, and the ability to obtain a mortgage on the property. Here’s what you need to consider:

1. Conveyancing Process: During the conveyancing process, the solicitor representing the buyer will typically conduct searches and request documentation proving compliance with Building Regulations for any work carried out on the property. If a certificate is missing, this could raise concerns about the legality and safety of the work, leading to delays or negotiations.

2. Mortgage Lenders: Many mortgage lenders require evidence of Building Regulations approval for significant works before lending against a property. If such evidence is not available, buyers may find it challenging to secure a mortgage, limiting your pool of potential buyers to those who can purchase outright or accept the risk.

3. Indemnity Insurance: One common solution to the absence of a Building Regulations certificate is to take out indemnity insurance. This insurance covers the buyer (and the mortgage lender) against any costs arising from enforcement action by the local authority concerning the lack of Building Regulations approval. However, this is not a perfect solution; it does not guarantee that the work is safe or compliant, and some buyers or lenders may not accept it.

4. Regularisation Certificate: Another option is to apply for a Regularisation Certificate from the local Building Control. This involves applying to the local authority, paying a fee, and allowing an inspection of the work. You may need to expose or rectify parts of the work to demonstrate compliance. This process can be costly and time-consuming but provides a formal resolution to the lack of Building Regulations approval.

5. Impact on Sale: The absence of a Building Regulations certificate can be a negotiating point in the sale. Buyers may request a reduction in the sale price to account for the risk or potential costs associated with obtaining retrospective approval or indemnity insurance.

Selling a house without a Building Regulations certificate is possible, but it’s advisable to address the issue proactively. Whether through obtaining retrospective approval, offering indemnity insurance, or adjusting the sale price, being upfront and providing solutions can help smooth the sale process and provide peace of mind to all parties involved.

If your neighbours object to your planning permission application in the UK, here’s what typically happens:

1. Submission of Objections: Neighbours have the right to submit their objections to the local planning authority (LPA) during the public consultation period of your planning application. These objections must be made in writing and should be based on valid planning considerations, such as issues related to privacy, loss of light, overdevelopment, traffic and parking, noise, and the impact on the character of the area.

2. Consideration by the LPA: The LPA will consider all objections alongside supportive comments and assess them against the local development plan, national planning policy, and other material considerations. The planning officer assigned to your case will evaluate whether the objections raise substantial planning concerns that could warrant refusal of the application.

3. Decision Making: The decision on your application will be based on planning merits rather than the volume of objections. Even if there are multiple objections, the LPA may still approve the application if it complies with planning policies and guidelines. Conversely, even a single well-founded objection can lead to refusal if it identifies a significant planning issue.

4. Notification of Decision: Once a decision is made, both the applicant and the objectors will be notified. If the application is approved despite the objections, neighbours cannot appeal the decision. Only the applicant has the right to appeal a refusal or conditions attached to an approval.

5. Possible Outcomes and Actions: If planning permission is granted and neighbours are still concerned about the development, there may be limited options available to them. They could potentially seek a judicial review if they believe there has been a legal error in the decision-making process, but this is complex, costly, and rare. Alternatively, if the development does not proceed in accordance with the approved plans, neighbours can report this to the LPA, which has enforcement powers to address breaches of planning control.

It’s often beneficial to engage with neighbours early in the planning process to understand their concerns and, if possible, address them before submitting the application. This proactive approach can sometimes prevent objections and foster a more positive relationship with the surrounding community.

In the UK, it is legally possible to start construction work before obtaining full Building Regulations approval, provided that you have submitted either a Full Plans application or a Building Notice to your local authority’s Building Control department. However, there are significant risks and considerations to be aware of:

1. Building Notice: By submitting a Building Notice, you are informing the local authority of your intent to commence work. This route does not require the submission of detailed plans, but it leaves you without the security of having had your plans checked and approved in advance. Work can start 48 hours after the Building Notice has been given to the local authority.

2. Full Plans Submission: If you choose the Full Plans submission route, you can technically start construction once you have submitted your plans and other documents to Building Control, but before approval has been granted. However, proceeding before approval means you take the risk that parts of your work may not comply and could need to be corrected, potentially at significant expense.

3. Risks and Considerations:

   • Compliance Risk: Any work undertaken before approval is at your own risk. If the work does not comply with Building Regulations, you may be required to alter or remove it at your own expense.
   • Financial Risk: There is a financial risk if you need to undo or redo work to meet compliance requirements.
   • Safety Concerns: Starting construction without approval may lead to work that does not meet the safety standards outlined in the Building Regulations, potentially endangering future occupants or affecting the structural integrity of the building.

4. Insurance and Warranty: Some insurance providers or warranty schemes may require evidence of Building Regulations approval before offering coverage. Starting work without approval could affect your eligibility or lead to issues with insurance claims in the future.

In the context of English law, there is no legal right to a view. This means that if a new development blocks the view from your property, you generally do not have a legal basis to object on those grounds alone. Planning decisions made by local authorities do not take into account the loss of a view as a material planning consideration.

However, there are related rights and considerations that can sometimes influence planning decisions and disputes between neighbours, such as:

• Right to Light: While there’s no right to a view, there is a legal right to light in some circumstances. If a new development significantly obstructs the amount of natural light coming into your property and you have enjoyed the light for an uninterrupted period of 20 years or more, you may have a legal right to light that is protected under the Prescription Act 1832. This is a complex area of law and usually requires professional legal advice to pursue.

• Planning Considerations: While the loss of a view is not a material planning consideration, the impact of a development on the character and appearance of the area, as well as privacy and amenity issues, are. If a proposed development is deemed to have a detrimental impact on the local area or neighbouring properties in these respects, it might be possible to object on these grounds.

• Privacy: Issues related to overlooking and loss of privacy can be valid planning considerations. If a new development overlooks your property and causes a loss of privacy, this could be a valid reason to raise objections to the planning application.

• Covenant: In some rare cases, there might be a covenant on the land that protects the view. This would be identified by reviewing the deeds to your property.