Planning permission / Building regulations

Question 1

Definition of development

Answer 1

building work or material change of use in land

Question 2

Which two orders allow development without planning permission (Wales and England)

Answer 2

GPDO Order 2015 - eng
TCPGPDO Order 1995 - wales

Question 3

Listed buildings and PP

Answer 3

stricter
need listed building consent to demolish, alter or extend
may be needed for internal alterations too
GPDO / TCPGPDO do not apply

Question 4

What do the Building regulations apply to?

Answer 4

building work:

-erection or installation of a building
-installation of a service or fittings like windows , boilers
- work required where there is a material change of use of the whole building

Question 5

Building regulations - what needs to be obtained

Answer 5

BR consent

issue of compliance issued is inspector agrees

self certification schemes available - where workers (window . gas boiler installers) can register and certify their work complies with BR

Question 6

What is breach of planning permission

Answer 6

Development occurred without PP
or done in breach of a condition

Question 7

Enforcement options for PP

Answer 7

Enforcement notice
- 28 days to restore/ comply
- or fined and authorities can enter, carry out work and recover expenses

Stop notice
- after enforcement notice
- specified activity is to stop (not allowed if activity is dwelling or has been done for 4+ years)

Breach of condition notice
- same as above, but regarding breach of conditions or limitations to PP

Question 8

Injunction

Answer 8

good reason needed

Question 9

PP - time limits for enforcement before April 2024

Answer 9

4 YEARS
building works (start from substantial completion)
change of use to single dwelling

10 YEARS
other
breach of planning condition

Question 10

PP - time limits for enforcement AFTER April 2024

Answer 10

10 years for all
if deliberately concealed, authority can apply to MC for an enforcement order

Question 11

BR time limits for enforcement

proescution, enforcement and injunction

Answer 11

Prosecution
- no limit in england
- wales = act within 6 months of discovering

Enforcement notice
- 10 years - eng
- 1 year -wales

injunction
- no limit if unsafe

Question 12

BR enforcement options

Answer 12

Prosecution
- person responsible
-can take place up to 2 yrs after work

enforcement notice
- opportunity to remedy the work (same as PP one)

injunction

Question 13

How can a buyer’s solicitor check for compliance with PP and BR?

Answer 13

Local search - PP, BR consent / approval, GPDO and article 4, listed building status

seller replies to enquiries - for work done

buyers survey - may reveal work

Question 14

if a breach is discovered, what can the buyer do?

Answer 14

• withdraw
• obtain indemnity insurance at sellers expense
  -ask seller to regularise matters before completion (contract term)
• retrospective PP
  -regularisation certificate