Conveyancing: What is the difference between Planning Permission and Building Regulation Consent?

Many clients are familiar with the need to look into whether planning permission is required when you are considering carrying out building work or alterations to a property. However, many people either don’t know, or are confused by, the need for additional, separate building regulation consent when works are carried out.

The Difference Between Planning Permission and Building Regulations

In a nutshell, planning permission aims to regulate the development in villages, towns and cities, whereas building regulations set standards for the design and construction to ensure the health and safety of people in and around those buildings.

Many types of building work will require both planning permission and building regulation consent, meaning that separate applications to the Local Authority and Building Control will have to be made and separate fees paid.

All major building works will need planning permission from the Local Authority, although some minor works may fall within ‘Permitted Development’.

Some internal alterations will only require building regulation consent. However, it is worth noting that if your property is listed you will almost certainly require a form of planning permission called listed building consent, as well as building regulations consent.

Most works and alterations carried out inside a property will require some form of building regulation consent, for example replacing windows, carrying out electrical or gas work and even new bathrooms.

What happens if you don’t get the right permissions before starting your extension or development?

If you fail to obtain proper building regulation approval and your works do not comply with the requirements set out in the building regulations then a Local Authority can enforce the building regulations, either informally or, where necessary, using its enforcement powers which can involve prosecution and an unlimited fine.

In addition, it is important to bear in mind that should you fail to obtain proper building regulation consent for works carried out then it can impact you when you come to sell your property, as the works will not have been granted the final Completion Certificate and this can be revealed in your local search. This can also affect a buyer’s ability to obtain mortgage lending on a property.

If you are in any doubt it is always best to seek advice from the Local Authority Planning Department and Building Control before moving ahead with your project.