Planning Permission and Building Regulation Flashcards
In what search will planning permissions granted or rejected be shown in?
Local Search (LLC1 & CON29)
What is the limitation of the Local Search (LLC1 and CON29) re planning permission?
Only show planning permissions granted / rejected NOT pending
What 3 questions re planning permission should the buyer’s solicitor check for a buyer looking to undertake ‘Development’?
(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)?
What is the GENERAL RULE about when planning permission is required for ‘Development’?
Development requires planning permission
There are 2 elements that define what a ‘Development’ is?
(1) Building Works
(2) Material change of use
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)?
(1) INTERIOR work
(2) NOT materially affect exterior of building
(3) ‘PERMITTED DEVELOPMENT’
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’).
Change of use within SAME CLASS
What class in planning law are residential homes and hotels?
C
What class in planning law are general industrial premises and storage / distribution?
B
What class in planning law are schools, community centres and places of worship?
F
What class in planning law are businesses (including restaurants)?
E
What are 3 examples of ‘sui generis’ properties that will ALWAYS require planning permission?
(1) Pubs
(2) Nightclubs
(3) Hot food takeaways
If work is constituted a ‘Development’, will planning permission be required and what is the exception to this?
Planning permission required UNLESS work is a ‘Permitted Development’ (GPDO)
What are the 3 main examples of ‘Permitted Developments’?
(1) Small Extensions (limits)
(2) Painting exterior
(3) Fence (limits)
(1) What is the effect of a Development being a ‘Permitted Development’ (GPDO)?
(2) What are the 3 exceptions to this?
Planning permission NOT required
(a) Article 4 Direction
(b) Listed Building
(c) Conservation Area
What pre-contract search will show if there is an Article 4 Direction, Listed Building or Conservation Area?
Local Search (LLC1)
What are the 4 main remedies for breaches / failure to obtain planning permission available to the Local Authority?
(1) Enforcement Notice
(2) Stop Notice
(3) Breach of Condition Notice
(4) Injunction (most extreme cases ONLY)
What remedy is most likely to be issued for a failure to obtain planning permission?
Enforcement Notice
What is the effect of an ‘Enforcement Notice’?
Property is returned to its previous condition within 28 days (after issue)
(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?
(1) Stop Notice
(2) ‘Enforcement Notice’ must have been issued first
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?
(1) 4 years from date of SUBSTANTIAL completion
(2) Breach deliberately concealed
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?
(1) 10 years from DATE OF BREACH
(2) Breach deliberately concealed
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?
(1) 10 years change of use
(2) Change to a ‘SINGLE DWELLING house’ - 4 years
Re Work COMPLETED AFTER 24 APRIL 2024, what is the NEW the Time Limit for LA to take action (all types breaches)?
10 years
What are the 2 main remedies a buyer’s solicitor should request of the seller BEFOR EXCHANGE for ‘Breach of PLANNING Permission’?
(1) RETROSPECTIVE Planning Permission
If NOT Possible
(2) INDEMNITY INSURANCE (from seller)
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?
LOSS caused by ‘Enforcement’
(1) What issues does ‘Building Regulation’ deal with?
(2) Does it apply to ‘Permitted Developments’ and interior work?
(1) Health and safety
(2) Yes - applies to ALL buildings
(1) After inspecting compliance with Building Regulation, what will the Local Authority issue?
(2) What pre-contract search will this appear in?
(1) Certificate of Compliance
(2) Local Search
What are the main 3 remedies available to a Local Authority for breach of Building Regulations?
(1) Enforcement Notice
(2) Prosecution
(3) Injunction
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
(1) 10 years (from DATE OF COMPLETION)
(2) 1 year
What is the time limit for the LA to Prosecute for breach of Building Regulation since 25 April 2024 in:
(1) England
(2) Wales
(1) NO TIME LIMIT
(2) 2 years from date of COMPLETION
What is the time limit for the LA to issue an injunction for breach of Building Regulation in both England and Wales?
NO time limit
What 2 remedies can a buyer’s solicitor request of a seller who has breached BUILDING REGULATION?
(1) Regularisation Certificate (retrospective approval from the LA)
If NOT POSSIBLE:
(2) Indemnity Insurance
