Many property owners decide to extend their property rather than incur the expense of moving house. Planning permission is consent from the local authority to make changes to a property and will probably be needed if the property owner wants to:
- build something new
- make a major change to the building, such as building an extension
- change the use of a building.
Planning permission can either be a formal, written consent (usually valid for three years) from the local authority or 'deemed' consent under the general permitted development rights.
A wide range of work to property also requires building regulations consent – this is also dealt with by the local authority but is separate from planning permission. Building regulations cover the construction and extension of buildings and so will be needed when work requiring planning permission is carried out. But there is also a wide range of other work that requires building regulations consent, including:
- replacing fuse boxes and connected electrics
- installing a bathroom that will involve plumbing
- replacing windows and doors
- installing or replace a heating system
- certain electrical works.
Property owners and those buying from them need to be aware of a change in the enforcement periods for both planning permission and building regulations consent. If works have been done to a property which required consents that were not obtained, the local authority has wide enforcement powers.
From 25 April 2024, the time limit for enforcement action against unauthorised development requiring planning permission has increased from four years to ten years. From 1 October 2023, the enforcement notice for lack of building regulations consent must be served within ten years from the date of completion of the building work that is in breach. This period used to be one year.
Both of these changes are significant because it means that those buying a property need to be concerned about work that has been done to a property without the appropriate consent in place. It is important to remember that planning problems run with the property – so a buyer would inherit these issues if they were not properly resolved before they purchased.
Anyone wanting to alter their property or buy one should be aware of these important changes and should consider taking specialist conveyancing advice.
To discuss this or any other property matter, contact us.