Planning law

Question 1

Breach of condition - enforcement period

Answer 1

10 years

Question 2

Material change in use - private home - enforcement period

Answer 2

4 years to enforce

Question 3

Material change in use - not private home - enforcement period

Answer 3

10 years to enforce

Question 4

Building works - enforcement period

Answer 4

4 years following completion

Question 5

Deliberate concealment - enforcement period

Answer 5

no limit

Question 6

Material change of use - when is planning permission required?

Answer 6

when using the property for a different class

You can change the use if within the same class

For example, you can change use from retail shop to hairdressers, but not from retail shop to warehouse (this would require change of use application to the local authority)

Question 7

What are the property classes?

Answer 7

Class E - commercial, business and service ( e.g. shops, hot foot takeaways, hairdressers)
Class F1 - Learning and non-residential institutions (education, galleries, museums)
Class F2 - Local community uses (convenience or corner shops, leisure centres, local hall)
Class B2 - General industrial
Class B8 - Storage or distribution
Class C1 - Hotels
Class C3 - private homes

Question 8

What are examples of permitted developments and exceptions that do not require planning permission?

Answer 8

Internal works
Immaterial external works
small residential work
minor operations

Question 9

What do building regulations apply to, and time limit on breach

Answer 9

• All works except like-for-like replacements
• includes internal plumbing and electrical work
  -certificate of compliance required from authority
• no time limit on breach

Question 10

Can a buyer be liable for seller’s breach of planning permission and building regulations?

Answer 10

Yes, so ensure to do CON29 search + make enquiries, try and get seller to fix before exchange