Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

(APD) Freehold > Planning Permission and Building Regulation > Flashcards

Planning Permission and Building Regulation Flashcards

1
Q

In what search will planning permissions granted or rejected be shown in?

A

Local Search (LLC1 & CON29)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the limitation of the Local Search (LLC1 and CON29) re planning permission?

A

Only show planning permissions granted / rejected NOT pending

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What 3 questions re planning permission should the buyer’s solicitor check for a buyer looking to undertake ‘Development’?

A

(1) Is there an EXISTING planning permission?
(2) Are there any CONDITIONS ATTACHED pose a problem for the buyer?
(3) EXISTING BREACHES of planning permission (where action taken against buyer post-completion)?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the GENERAL RULE about when planning permission is required for ‘Development’?

A

Development requires planning permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

There are 2 elements that define what a ‘Development’ is?

A

(1) Building Works
(2) Material change of use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A ‘Development’ has 2 elements - ‘Building Works’ and ‘Material Change of Use’.

What are the 3 exceptions to when ‘Building Works’ are NOT considered a Development (i.e. planning permission NOT required)?

A

(1) INTERIOR work
(2) NOT materially affect exterior of building
(3) ‘PERMITTED DEVELOPMENT’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A ‘Development’ has 2 elements - ‘Building Works’ and ‘Material Change of Use’.

What is NOT considered a ‘Material Change of Use’ (and therefore NOT a ‘Development’).

A

Change of use within SAME CLASS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What class in planning law are residential homes and hotels?

A

C

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What class in planning law are general industrial premises and storage / distribution?

A

B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What class in planning law are schools, community centres and places of worship?

A

F

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What class in planning law are businesses (including restaurants)?

A

E

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are 3 examples of ‘sui generis’ properties that will ALWAYS require planning permission?

A

(1) Pubs
(2) Nightclubs
(3) Hot food takeaways

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If work is constituted a ‘Development’, will planning permission be required and what is the exception to this?

A

Planning permission required UNLESS work is a ‘Permitted Development’ (GPDO)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the 3 main examples of ‘Permitted Developments’?

A

(1) Small Extensions (limits)
(2) Painting exterior
(3) Fence (limits)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

(1) What is the effect of a Development being a ‘Permitted Development’ (GPDO)?

(2) What are the 3 exceptions to this?

A

Planning permission NOT required
(a) Article 4 Direction
(b) Listed Building
(c) Conservation Area

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What pre-contract search will show if there is an Article 4 Direction, Listed Building or Conservation Area?

A

Local Search (LLC1)

17
Q

What are the 4 main remedies for breaches / failure to obtain planning permission available to the Local Authority?

A

(1) Enforcement Notice
(2) Stop Notice
(3) Breach of Condition Notice
(4) Injunction (most extreme cases ONLY)

18
Q

What remedy is most likely to be issued for a failure to obtain planning permission?

A

Enforcement Notice

19
Q

What is the effect of an ‘Enforcement Notice’?

A

Property is returned to its previous condition within 28 days (after issue)

20
Q

(1) If the Local Authority wants to bring activities in breach of planning permission to an IMMEDIATE END what can it issue?

(2) What is the condition for issuing this?

A

(1) Stop Notice

(2) ‘Enforcement Notice’ must have been issued first

21
Q

Re Work COMPLETED BEFORE 24 APRIL 2024

(1) What is the time limit for the LA to take action for obtaining NO planning permission?

(2) What is the exception to this?

A

(1) 4 years from date of SUBSTANTIAL completion

(2) Breach deliberately concealed

22
Q

Re Work COMPLETED BEFORE 24 APRIL 2024

(1) What is the time limit for the LA to take action for a breach of a CONDITION of planning permission?

(2) What is the exception to this?

A

(1) 10 years from DATE OF BREACH

(2) Breach deliberately concealed

23
Q

Re Work COMPLETED BEFORE 24 APRIL 2024

(1) What is the time limit for the LA to take action for a MATERIAL CHANGE OF USE?

(2) What is the exception to this?

A

(1) 10 years change of use

(2) Change to a ‘SINGLE DWELLING house’ - 4 years

24
Q

Re Work COMPLETED AFTER 24 APRIL 2024, what is the NEW the Time Limit for LA to take action (all types breaches)?

A

10 years

25
Q

What are the 2 main remedies a buyer’s solicitor should request of the seller BEFOR EXCHANGE for ‘Breach of PLANNING Permission’?

A

(1) RETROSPECTIVE Planning Permission
If NOT Possible
(2) INDEMNITY INSURANCE (from seller)

26
Q

One remedy a buyer’s solicitor can request from the seller fro a ‘Breach of PLANNING Permission’ is ‘INDEMNITY INSURANCE’.

What will the ‘Indemnity Insurance’ cover?

A

LOSS caused by ‘Enforcement’

27
Q

(1) What issues does ‘Building Regulation’ deal with?
(2) Does it apply to ‘Permitted Developments’ and interior work?

A

(1) Health and safety

(2) Yes - applies to ALL buildings

28
Q

(1) After inspecting compliance with Building Regulation, what will the Local Authority issue?

(2) What pre-contract search will this appear in?

A

(1) Certificate of Compliance

(2) Local Search

29
Q

What are the main 3 remedies available to a Local Authority for breach of Building Regulations?

A

(1) Enforcement Notice
(2) Prosecution
(3) Injunction

30
Q

What is the time limit for the LA to issue an Enforcement Notice for breach of Building Regulation since 25 April 2024 in:
(1) England
(2) Wales

A

(1) 10 years (from DATE OF COMPLETION)
(2) 1 year

31
Q

What is the time limit for the LA to Prosecute for breach of Building Regulation since 25 April 2024 in:
(1) England
(2) Wales

A

(1) NO TIME LIMIT
(2) 2 years from date of COMPLETION

32
Q

What is the time limit for the LA to issue an injunction for breach of Building Regulation in both England and Wales?

A

NO time limit

33
Q

What 2 remedies can a buyer’s solicitor request of a seller who has breached BUILDING REGULATION?

A

(1) Regularisation Certificate (retrospective approval from the LA)

If NOT POSSIBLE:

(2) Indemnity Insurance

(APD) Freehold (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions