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Wednesday, 3 October 2023

How planning permission and building regulations work

For some building projects, your local council is responsible for deciding what can be developed. Local communities can also decide to let certain developments go ahead without going through the standard planning permission process. Find out about the different planning routes and how to comment on developments.

How planning for buildings works in England and Wales

Building in England and Wales is regulated by the planning system. Your local planning authority (usually the planning department at your local council) may need to give permission for a building project to go ahead. This is called ‘planning permission’.

Planning permission and 'permitted development'

Bigger public projects (like a new supermarket or a library) always need planning permission. Smaller projects for private houses (eg extensions) often don’t need planning permission as long as certain limits and conditions are met. These projects are called ‘permitted development’.

Building regulations

Building regulations make sure that new building work is safe, healthy, accessible and energy efficient. They are separate from planning permission.

For most building projects, you’ll need building regulations approval. You should check if building regulations approval is required even if your project is a ‘permitted development’.

Neighbourhood planning

If your area has a neighbourhood development plan or neighbourhood development order in place, you might not need planning permission from the local planning authority. The community may be able to grant planning permission instead.

Neighbourhood planning applies to England only. Find out more about the neighbourhood planning process on the Community Rights website.

Community Right to Build

If your building project is designed to benefit the community, you may be able to use a Community Right to Build order instead of going through the normal planning permission process.

This allows communities to decide if the local planning authority should give planning permission for a particular development.

Community Right to Build applies to England only. Find out more on the Community Rights website.

When you need planning permission

Before you start any major building work, you should always ask the planning department at your local council if you need planning permission. Whether or not your development needs permission depends on a number of factors:

  • the kind of building work you are doing
  • the details of your building work
  • the scale of your building work
  • the location of your property

Sometimes permitted development rights may have been removed by your council - check with your local planning authority.

You can apply for planning permission online through the Planning Portal.

When you need building regulations approval

Before you start any building work, you should always check if you need building regulations approval.

To find out, contact your local authority building control department or a private sector approved inspector. Approved inspectors provide an alternative building control service to local authorities. You can see a list of approved inspectors on the Construction Industry Council (CIC)'s website.

If you're only installing certain types of services or fittings (eg, replacement windows or boilers) and you use an installer registered with a competent person scheme, the installer will be able to self-certify the work. This means you won't have to apply for building regulations approval.

Further details on competent person schemes are on the Department for Communities and Local Government (DCLG)’s website.

Even if you don't need building regulations approval, make sure that your building work follows the safety and energy efficiency guidelines in the building regulations.

How to appeal against a decision

Appeal against a planning decision

For information about appealing against a planning permission decision (for example, if your application for planning is turned down), see 'Make a planning appeal'.

Appeal against a building regulations decision

If the building work needs building regulations approval and doesn’t get it, the Department for Communities and Local Government (DCLG) or Local Authority Building Control (LABC) may be able to help you:

  • use LABC’s model arbitration and conciliation procedure to resolve the dispute – you can download this using the link below
  • if you submitted full building plans to the local authority or used an approved inspector and haven’t started the building work in question, ask DCLG for a determination
  • at any stage of the building work, you can make an appeal to DCLG if a local authority refuses to relax or dispense with the requirement of the Building Regulations in question

Read more about determinations and appeals on the DCLG website.

If you ignore planning and building regulations rules

If you need to comply with building regulations and you don't:

  • the local authority will try to enforce the regulations informally
  • the person carrying out the building work could be fined up to £5,000
  • the building owner could receive a notice from their local authority requiring them to put the work right
  • the local authority won’t issue a completion certificate and you may have problems when you come to sell your property

Commenting on other developments

Under the planning system, you can comment on any new developments in your area and possibly appeal against them being built. Your council must publish all applications for planning permission. You can get access to these at the council offices.

There are certain conditions around commenting on other developments and the council has limited powers to stop them.

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