Planning

Question 1

What is ‘development’ under the Town and Country Planning Act 1990?

Answer 1

Development means building works on land or a material change of use of land

Question 2

When is planning permission not required?

Answer 2

For internal works, works not materially affecting external appearance, or changes within the same use class.

Question 3

What is a ‘sui generis’ use?

Answer 3

A use that does not fall within a defined use class; any change to/from it requires planning permission.

Question 4

What are some examples of sui generis uses?

Answer 4

Theatres, launderettes, pubs, nightclubs, takeaways, amusement arcades, and petrol stations.

Question 5

What is permitted development?

Answer 5

Development allowed without planning permission under the GPDO 2015 in England or GPDO 1995 in Wales.

Question 6

What is an Article 4 Direction?

Answer 6

A local authority order that removes permitted development rights, requiring planning permission.

Question 7

What is a certificate of lawfulness?

Answer 7

A certificate confirming that a proposed development is lawful, either because it is not development or falls within permitted development.

Question 8

What special rules apply to listed buildings?

Answer 8

Listed building consent is required for any works (even internal) and GPDO rights are restricted or excluded.

Question 9

What are the grades of listed buildings?

Answer 9

Grade I (exceptional interest), Grade II* (more than special interest), Grade II (special interest).

Question 10

What restrictions apply in conservation areas?

Answer 10

Planning permission may be needed for demolition and external alterations; consent is needed for tree work.

Question 11

What types of work require building regulations approval?

Answer 11

Erection/extension of buildings, installation of controlled services/fittings, and material change of use.

Question 12

What is self-certification?

Answer 12

To inspect work and issue a certificate of compliance if building regulations are met.

Question 13

What can appear on a local search in relation to building regulations?

Answer 13

Records of building regulation approval or self-certification lodged with the local authority.

Question 14

What is a breach of planning control?

Answer 14

Development without permission or breach of a planning condition or limitation.

Question 15

Who is liable for a breach of planning control?

Answer 15

The current landowner, even if they did not commit the breach.

Question 16

What is an enforcement notice?

Answer 16

A notice requiring the land to be restored or conditions complied with; 28 days’ notice must be given.

Question 17

What is a stop notice?

Answer 17

A notice that stops specified activities immediately, but cannot stop residential use or long-standing uses.

Question 18

What is a breach of condition notice?

Answer 18

A notice enforcing compliance with conditions on a planning permission.

Question 19

When may an injunction be used?

Answer 19

To prevent ongoing breach, subject to court discretion.

Question 20

What were the enforcement time limits before 25 April 2024?

Answer 20

4 years for building works and change to a dwelling; 10 years for other uses or breaches of condition.

Question 21

What are the enforcement time limits after 25 April 2024?

Answer 21

A single 10-year limit for all breaches of planning control.

Question 22

What happens if a breach is deliberately concealed?

Answer 22

The authority may apply for a planning enforcement order

Question 23

How does the case Fidler v Secretary of State illustrate enforcement?

Answer 23

A house concealed behind straw bales was treated as incomplete until revealed, so the enforcement clock hadn’t started.

Question 24

What are the enforcement options in Wales (and previously England)?

Answer 24

Prosecution (within 6 months of discovery), enforcement notice (within 1 year), or injunction (no time limit).

Question 25

What are the current enforcement options in England?

Answer 25

Prosecution (unlimited time), enforcement notice (within 10 years), or injunction (no time limit).

Question 26

Who may be prosecuted for breach of building regulations?

Answer 26

The person responsible—typically the builder, installer, or main contractor.

Question 27

Can enforcement action be taken after completion?

Answer 27

Yes—prosecution within 2 years (Wales), or anytime (England); enforcement notices up to 10 years (England).

Question 28

What is an injunction used for in building regulations enforcement?

Answer 28

To stop dangerous or non-compliant work with no time limit.

Question 29

What changed under the Building Safety Act 2022?

Answer 29

Increased enforcement periods, new safety regulator, and stronger obligations for high-risk buildings.

Question 30

What are the buyer’s solicitor’s sources for planning/building compliance?

Answer 30

Local search, seller’s replies to enquiries, and the buyer’s survey.

Question 31

Why must planning and building compliance be verified pre-exchange?

Answer 31

Because the buyer inherits liability for unauthorised development or building work.

Question 32

What is a regularisation certificate?

Answer 32

A document issued post-completion of unauthorised works if they meet building standards.

Question 33

What risks does indemnity insurance cover?

Answer 33

Financial loss from enforcement action—not physical risks, personal injury, or death.

Question 34

When is indemnity insurance appropriate?

Answer 34

If enforcement is unlikely, no approach has been made to the local authority, and the issue can’t be easily regularised.

Question 35

What are the buyer’s options when a breach is discovered?

Answer 35

Withdraw, require the seller to regularise or alter works, or obtain indemnity insurance.

Question 36

What must be done before relying on GPDO rights?

Answer 36

Check local authority for Article 4 Direction and consider applying for a certificate of lawfulness.

Question 37

How can the solicitor ensure safe compliance with building regulations?

Answer 37

By confirming building control approval or self-certification, and advising the client on health/safety risks.

Question 38

What should the contract contain if the seller is regularising works?

Answer 38

A condition requiring them to obtain approvals or permissions prior to completion.