Core principles of planning law - Building regulations contr...

Learning Outcomes

This article provides a focused overview of building regulations control under planning law. After reading, you will be able to explain the main approval requirements for building work, understand the scope and separate function of building regulations versus planning permission, identify local authority enforcement mechanisms, and recall key statutory time limits and practical remedies, all essential for answering SQE2-style questions on this subtopic.

SQE2 Syllabus

For SQE2, you are required to understand building regulations control and its practical implications in property transactions and development scenarios. As you revise, pay particular attention to:

• The definition and scope of building regulations control
• The distinction between building regulations and planning permission
• Works requiring building regulations approval
• The approval procedure and certification process
• Enforcement powers available to local authorities, including notices and injunctions
• Statutory time limits on enforcement and available legal remedies
• Consequences of non-compliance and available solutions

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which works typically require building regulations approval?
   1. Internal repainting
   2. Loft conversions
   3. Electrical rewiring
   4. All of the above

2. True or false? Building regulations approval is usually needed even if separate planning permission is not required.

3. What is the usual statutory time limit for a local authority to serve an enforcement notice for breach of building regulations?

4. What is a building control completion certificate and why is it important in conveyancing transactions?

Introduction

Building regulations control ensures that construction work meets minimum standards for health, safety, energy efficiency, and accessibility. Unlike planning permission, which addresses the broader use and external appearance of land and buildings, building regulations apply to the technical construction and internal alterations of buildings. Local authorities play a key role in granting approvals and enforcing compliance.

Key Term: building regulations
Minimum statutory standards that must be met for the construction, alteration, or extension of buildings, regulating matters such as structure, fire safety, energy efficiency, and accessibility.

Building regulations versus planning permission

Building works often require both planning permission and building regulations approval. These are distinct legal requirements. Some works may need one but not the other.

Key Term: building regulations approval
The formal confirmation that proposed works meet the relevant building regulations, granted by a local authority or an approved inspector before works commence.

What types of works require building regulations approval?

Most new building works and many alterations or extensions require approval. This includes:

• Erection of new dwellings or commercial buildings
• Extensions (e.g., rear, side, loft conversions)
• Structural alterations (e.g., removal of load-bearing walls)
• Installation or replacement of heating systems, electrical wiring, or drainage
• Replacement windows and doors
• Certain changes of use (e.g., converting a garage to living space)
• Some non-domestic fit-outs

Some minor works, such as like-for-like internal decoration or small repairs, are exempt.

Application and certification procedure

Before work starts, approval must be obtained. Two main routes exist:

1. Full plans application: Detailed drawings/specifications submitted to the local authority.
2. Building notice: Simplified procedure for certain domestic works.

Building control officers inspect the work at prescribed stages. On satisfactory completion, a building control completion certificate is issued.

Key Term: completion certificate
The official document issued by a local authority or approved inspector confirming completed works comply with building regulations, usually required during property sales or refinancing.

Worked Example 1.1

Sophie replaces the windows in her flat with new double-glazed units. She did not make any application before starting. At sale, the purchaser's solicitor requests a certificate that the work complies with building regulations. What should Sophie do?

Answer:
Replacement windows require building regulations approval. If none was obtained, Sophie may need to obtain a "regularisation certificate" from the council or source FENSA self-certification to satisfy the buyer before completion.

Non-compliance and local authority enforcement

Failure to obtain approval is a statutory breach. Local authorities have various enforcement powers:

• Serve enforcement notices requiring remedial work (Building Act 1984, s.36)
• Bring legal proceedings in the magistrates' court for non-compliant work
• In urgent/safety-critical cases, seek a court injunction without time limit

Key time limits: Generally, an enforcement notice must be served within 12 months of the completion of unauthorised work. However, if works pose an ongoing danger, the authority may apply for an injunction at any later stage.

Key Term: regularisation certificate
Retrospective approval issued by a local authority to confirm unauthorised works comply with building regulations after inspection and remedial action if necessary.

Exam Warning

Building regulations enforcement proceedings are independent of planning enforcement time limits. Answers must specify the building regulations regime and do not confuse these with planning control powers.

Worked Example 1.2

A developer constructs a rear extension to a house. Fourteen months later, the council discovers the extension lacks building regulations approval. What enforcement action can be taken?

Answer:
The council may not serve an enforcement notice under s.36 as more than 12 months have passed since completion. If the extension is structurally unsafe, the council may still seek an injunction for its alteration or removal.

Seller obligations and conveyancing consequences

Conveyancers and buyer's lenders will insist on clear evidence that works comply with building regulations. Absence of a valid completion or regularisation certificate can:

• Delay or derail transactions
• Lead to retention of funds pending resolution
• Necessitate obtaining indemnity insurance (which does not cover personal injury/business loss)

Revision Tip

Always advise clients to retain all completion certificates and check whether recent works have the correct building regulations approvals before exchange of contracts.

Summary

• Building regulations approval is a separate requirement from planning permission and often needed even for internal or minor works.
• Most alterations, extensions, and significant repairs require approval and subsequent certification.
• Not obtaining approval and certification can lead to enforcement (usually within 12 months), challenges in selling the property, and the need for retrospective regularisation.
• Failure to comply may also endanger personal safety and lead to significant cost and liability risks.

Key Point Checklist

This article has covered the following key knowledge points:

• Building regulations control is distinct from planning permission and must be considered separately in every transaction.
• Approval is required before starting most construction, extension, or alteration works, with limited exemptions.
• Works must be inspected and a completion certificate issued, which is key evidence for conveyancing.
• Local authorities can serve enforcement notices within strict time limits, or may seek an injunction on safety grounds at any time.
• Absence of approval/certification may delay or prevent sales and may not be fully covered by indemnity insurance.

Key Terms and Concepts

• building regulations
• building regulations approval
• completion certificate
• regularisation certificate