Planning permission and building regulations

Question 1

When is planning permission needed? (2 points)

Answer 1

1. building works
2. change of use

Question 2

Name an exception for when PP is needed. Can this be excluded?

Answer 2

GDPO

Yes. Can be excluded by an Article 4 direction

Question 3

What should you apply for if you’re unsure whether the works come under GDPO?

Answer 3

Certificate of lawfulness

Question 4

What are the enforcement options for breach of planning permission? (4)

Answer 4

1. enforcement notice
2. stop notice
3. breach of condition notice
4. injunction

Question 5

What are the enforcement options for breach of building regulations?

Answer 5

1. prosecution
2. enforcement notice
3. injunction

Question 6

What are the enforcement time limits for PP? Name the type of breaches under each time limit

Answer 6

4 years

i. building works (from date substantially completed)

ii. COU to single dwelling (from date use began)

10 years

i. other changes of use
ii. breach of condition

Question 7

When is building regulations needed? (2 points)

Answer 7

1. alterations or extension
2. work which will result in material COU for whole building

Question 8

Why is it especially important to apply for building regulations?

Answer 8

Enforcement has no time limit (injunction)

Question 9

What are the options for the buyer once a breach is discovered (3)

Answer 9

1. withdraw
2. seller regularise matters before completion (certificate, removal)
3. indemnity insurance at seller’s expense