Frequently asked questions

What’s the difference between planning permission and permitted development?

Planning permission and permitted development are both ways to obtain authorization for construction or development projects, but they differ in their scope and requirements:

1. **Planning Permission:**

- Planning permission is the formal approval granted by the local planning authority for a proposed development project.

- It is required for most new construction, changes of use, and major alterations to existing buildings or land uses.

- To obtain planning permission, applicants must submit a planning application to the local planning authority, which will assess the proposal against relevant planning policies, regulations, and local considerations.

- The decision to grant planning permission is based on factors such as the impact on the surrounding area, design quality, sustainability, and compliance with planning regulations.

- Planning permission may come with conditions that must be adhered to during construction and use of the development.

2. **Permitted Development:**

- Permitted development rights allow certain types of minor development and changes to be carried out without the need for planning permission.

- Permitted development rights are set out in national legislation and local planning policies, and they vary depending on factors such as the type of property, its location, and any specific designations or restrictions that apply.

- Common examples of permitted development include small extensions, loft conversions, certain changes of use, and installation of solar panels or satellite dishes.

- While permitted development rights provide more flexibility for minor alterations, there are still limitations and conditions that must be met to qualify. For example, there are restrictions on the size, height, location, and appearance of permitted development projects.

- It's essential to check with the local planning authority or a professional advisor to determine whether a proposed project falls within permitted development rights or requires planning permission.

In summary, planning permission is required for most significant development projects, while permitted development rights offer a streamlined process for certain minor alterations and changes.

What’s the difference between a lawful certificate and prior approval?

A Lawful Development Certificate (LDC) and Prior Approval are both mechanisms used in the UK planning system, but they serve different purposes:

1. **Lawful Development Certificate (LDC):**

- A Lawful Development Certificate is a legal document issued by the local planning authority to certify that a proposed or existing development is lawful and does not require planning permission.

- It provides confirmation that the development complies with permitted development rights, planning regulations, and any relevant planning permissions or conditions.

- An LDC can be useful for confirming the legal status of a development when selling a property, obtaining mortgage financing, or resolving disputes.

- To obtain an LDC, applicants must submit an application to the local planning authority, providing evidence to demonstrate that the development meets the criteria for lawful development.

2. **Prior Approval:**

- Prior Approval is a process that allows certain types of development to proceed without the need for full planning permission, subject to specific conditions or limitations set out in legislation.

- Prior Approval is typically required for developments such as changes of use, telecommunications installations, agricultural buildings, and certain types of residential extensions.

- Unlike permitted development, which can proceed without any formal application process, developments requiring Prior Approval must be submitted to the local planning authority for consideration.

- The local planning authority assesses the proposal against predetermined criteria, such as impact on highways, design, noise, and amenity, before granting Prior Approval.

- If Prior Approval is granted, the development can proceed subject to any conditions specified by the local planning authority.

In summary, a Lawful Development Certificate confirms the legal status of a development that does not require planning permission, while Prior Approval is a process for specific types of development to proceed without full planning permission, subject to certain conditions and limitations.

What are the planning restrictions if I live in especially designated area or in a listed building?

Living in an especially designated area or a listed building can subject you to specific planning restrictions aimed at preserving the special character, historic significance, and architectural integrity of the area or building. Here are some common planning restrictions that may apply:

1. **Conservation Areas:**

- Conservation areas are designated by local planning authorities to protect and enhance the special architectural and historic interest of an area.

- Planning restrictions in conservation areas may include limitations on the scale, design, materials, and appearance of new developments, alterations, or extensions to existing buildings.

- Additional planning controls may apply to trees, landscaping, street furniture, advertisements, and other elements that contribute to the character of the conservation area.

2. **Listed Buildings:**

- Listed buildings are structures of special architectural or historic interest that are protected by law from inappropriate alteration, demolition, or neglect.

- Planning restrictions for listed buildings are particularly stringent and may require special consent for any works that affect the building's character, fabric, or appearance.

- Alterations, extensions, repairs, or changes to listed buildings typically require Listed Building Consent, which is separate from regular planning permission.

- Listed Building Consent applications are assessed based on their impact on the building's significance, historical features, materials, and architectural details.

3. **Areas of Outstanding Natural Beauty (AONB):**

- Areas of Outstanding Natural Beauty are designated landscapes valued for their scenic beauty, natural features, and cultural heritage.

- Planning restrictions in AONBs aim to conserve and enhance the landscape's natural beauty, tranquility, and biodiversity.

- Development in AONBs may be subject to stricter controls on building design, landscaping, tree removal, and other alterations to minimize visual impact and protect the natural environment.

4. **Green Belt:**

- Green Belt areas are designated to prevent urban sprawl and protect open spaces, countryside, and agricultural land.

- Planning restrictions in Green Belt areas may restrict new development, alterations to existing buildings, changes of use, and other forms of development that would harm the openness and character of the Green Belt.

It's essential to consult with your local planning authority or a planning professional to understand the specific planning restrictions that apply to your property or area and to ensure compliance with relevant regulations when considering any development or alterations. Failure to comply with planning restrictions in designated areas or listed buildings can result in enforcement action, fines, or legal consequences.

What is a measured building survey?

A measured building survey is a detailed documentation of a building's dimensions, layout, and features. It involves precise measurements and recording of the building's internal and external elements, such as walls, floors, ceilings, doors, windows, staircases, and structural components. Measured building surveys are typically conducted using laser scanning, total stations, or other surveying instruments to ensure accuracy. The resulting survey drawings or models provide architectural designers, engineers, and other professionals with essential information for design, renovation, or construction projects. These surveys are crucial for assessing existing conditions, planning alterations, and creating as-built documentation.

What drawings must I submit with a planning application?

The specific drawings required for a planning application can vary depending on the complexity of the proposed development and local planning requirements. However, common drawings typically include:

1. **Site Location Plan:** This shows the location of the proposed development within its surrounding context, including nearby roads, buildings, and land features. It usually includes a red line indicating the site boundary and any relevant site access points.

2. **Site Plan:** This provides a detailed layout of the proposed development on the site, including the position and dimensions of buildings, access roads, parking areas, landscaping, and other site features.

3. **Floor Plans:** These drawings depict the layout of each floor of the proposed building(s), including room dimensions, internal walls, doors, windows, and other relevant details.

4. **Elevations:** Elevations show the external appearance of the proposed development from different viewpoints, typically including front, rear, and side elevations. They illustrate the building's height, scale, materials, architectural features, and relationship to neighboring properties.

5. **Sections:** Sections are vertical slices through the proposed development that show the internal arrangement of spaces, building heights, floor-to-ceiling heights, and relationships between different levels.

6. **Roof Plans:** Roof plans detail the design and layout of the building's roof, including roof shapes, slopes, materials, and any roof-mounted features such as dormer windows or solar panels.

7. **Landscaping Plans:** If landscaping is included in the proposal, plans showing the layout of planting areas, trees, hardscape elements, and other landscape features may be required.

8. **Other Supporting Documents:** Depending on the nature of the development, additional documents such as design and access statements, heritage statements, flood risk assessments, and environmental impact assessments may also be required.

It's essential to check the specific requirements of your local planning authority and consult with a professional architectural designer or planning consultant to ensure that your planning application includes all necessary drawings and documents.

What reports might I have to submit with a planning application?

The specific reports required for a planning application can vary depending on the nature of the proposed development, local planning policies, and site-specific considerations. However, here are some common reports that may need to be submitted:

1. **Design and Access Statement:** This report explains the design rationale behind the proposed development and how it addresses access and mobility issues. It outlines how the design responds to the site context, planning policies, and community needs.

2. **Planning Statement:** A planning statement provides a comprehensive overview of the development proposal, including its purpose, benefits, compliance with planning policies, and any relevant site history or context.

3. **Heritage Statement:** If the proposed development affects a listed building, conservation area, or other heritage assets, a heritage statement may be required. This report assesses the impact of the development on the historic environment and proposes mitigation measures to protect heritage assets.

4. **Environmental Impact Assessment (EIA):** For larger-scale developments or projects with significant environmental implications, an EIA may be required. This report evaluates the potential environmental effects of the development on factors such as ecology, landscape, air quality, noise, and cultural heritage.

5. **Flood Risk Assessment:** If the proposed development is located in a flood-prone area, a flood risk assessment may be necessary to assess the risk of flooding and propose measures to mitigate flood risk, such as flood defenses or drainage systems.

6. **Transport Assessment:** For developments that may have significant transportation impacts, a transport assessment may be required to evaluate the potential effects on traffic, parking, pedestrian safety, and public transport accessibility. It may also propose measures to mitigate transportation impacts.

7. **Ecological Survey:** An ecological survey assesses the presence of protected species, habitats, and biodiversity on the site. It identifies potential ecological impacts of the development and proposes measures to protect and enhance biodiversity.

8. **Arboricultural Report:** If the proposed development involves tree removal or impacts on trees, an arboricultural report may be required to assess the health, significance, and management of trees on the site. It may propose measures to mitigate tree loss or protect trees during construction.

9. **Contaminated Land Assessment:** If the site is suspected of being contaminated, a contaminated land assessment may be necessary to identify potential contaminants, assess risks to human health and the environment, and propose remediation measures.

It's essential to check with the local planning authority or consult with a planning professional to determine the specific reports required for your planning application based on the characteristics of your development proposal and local planning policies.

What is pre application advice?

Pre-application advice refers to the guidance and feedback provided by a local planning authority (LPA) or other relevant regulatory bodies to potential applicants before they submit a formal planning application. This service allows individuals or organizations to seek advice on proposed development projects, understand planning policies and regulations, and assess the likelihood of obtaining planning permission.

Key aspects of pre-application advice include:

1. **Initial Consultation:** Applicants can discuss their development proposals with planning officers or other specialists to gain an understanding of the planning process, relevant policies, and potential constraints or considerations.

2. **Feedback on Proposals:** The LPA provides feedback on the proposed development, highlighting any issues or concerns that may need to be addressed before submitting a formal planning application. This may include advice on design, scale, layout, access, landscaping, and other aspects of the proposal.

3. **Identification of Requirements:** Pre-application advice helps applicants understand the documentation and information required for a complete planning application. This may include site plans, floor plans, elevations, supporting reports, and other relevant documents.

4. **Assessment of Viability:** Applicants can assess the viability of their development proposals in relation to planning policies, local constraints, and potential objections or challenges. This allows them to make informed decisions about whether to proceed with the project and how to tailor their proposals to increase the chances of success.

5. **Improving Engagement:** Pre-application advice promotes early engagement between applicants, planning authorities, and other stakeholders, fostering constructive dialogue and collaboration throughout the planning process.

6. **Formal Record:** The advice provided during pre-application discussions is typically documented in writing, summarizing the key points discussed, any recommendations or requirements, and the next steps to be taken by the applicant.

Overall, pre-application advice is a valuable tool for applicants to gain clarity and guidance on their development proposals, streamline the planning process, and increase the chances of success when submitting a formal planning application.

What is the process of a planning application?

The process of a planning application typically involves several steps:

1. **Pre-Application Consultation:** Before submitting a formal application, it's often beneficial to discuss your proposal with the local planning authority (LPA) or relevant stakeholders to gather feedback and address any potential issues.

2. **Submission of Application:** Once you've prepared all necessary documents and plans, you submit your planning application to the LPA. This usually includes application forms, site plans, floor plans, elevations, and any other required documents.

3. **Validation:** The LPA will review your application to ensure it's complete and meets all requirements. If any information is missing or insufficient, they may request additional details.

4. **Public Consultation:** Depending on the scale and impact of your proposal, the LPA may undertake a public consultation process to gather feedback from local residents, businesses, and other stakeholders.

5. **Assessment:** The planning officer will assess your application based on relevant policies, regulations, and considerations such as environmental impact, visual aesthetics, and community benefit.

6. **Decision:** The LPA will make a decision on your application, either approving it, refusing it, or requesting modifications (known as conditions).

7. **Appeals:** If your application is refused or subject to unfavorable conditions, you have the right to appeal the decision to an independent planning inspectorate.

8. **Implementation:** If your application is approved, you can proceed with your proposed development, subject to any conditions imposed by the LPA. This may include obtaining further approvals (e.g., building regulations) and completing any required legal agreements.

It's important to engage with the planning process early, seek professional advice if needed, and carefully follow the LPA's guidelines to maximize the chances of a successful application.

What’s the process of appealing a planning refusal?

The process of appealing a planning refusal typically involves the following steps:

1. **Review the Decision Letter:** Carefully read the decision letter from the local planning authority (LPA) explaining the reasons for refusal. Understand the grounds on which the application was rejected.

2. **Assess Grounds for Appeal:** Determine whether there are valid grounds for appeal. Common reasons for appealing a planning refusal include errors in the decision-making process, misinterpretation of planning policies, or new evidence that was not considered during the initial assessment.

3. **Choose the Right Appeal Route:** There are different appeal routes available depending on the type of application and the grounds for appeal:

- Written Representations: The most common method, where appeals are decided based on written submissions.

- Informal Hearing: Appeals are heard by a planning inspector in a less formal setting, allowing for oral presentations and discussions.

- Public Inquiry: Appeals are heard in a formal setting, with evidence presented by all parties and witnesses examined under oath.

4. **Submit the Appeal:** Complete the necessary appeal forms and submit them to the Planning Inspectorate or the relevant appeals authority within the specified timeframe. Include a clear statement of the grounds for appeal and any supporting documents or evidence.

5. **Preparation:** Prepare a comprehensive case for the appeal, addressing the reasons for refusal and presenting arguments supported by relevant planning policies, legislation, and evidence. Consider seeking professional advice or representation from a planning consultant or solicitor.

6. **Engage with the Process:** Participate actively in the appeal process by responding to any requests for additional information or clarifications from the appeals authority. Attend any hearings or inquiries as required and present your case effectively.

7. **Await the Decision:** The appeal will be considered by a planning inspector or independent panel, who will assess the evidence and make a decision based on planning policies and relevant considerations. The decision will be communicated to all parties involved.

8. **Consider Next Steps:** Depending on the outcome of the appeal, you may need to consider further options such as resubmitting the application with modifications, seeking judicial review of the decision, or exploring alternative solutions for your development project.

It's important to seek professional advice and guidance throughout the appeal process to maximize your chances of success and ensure that your case is presented effectively.

What is building regulations approval?

Building regulations approval is the process by which local authorities or approved inspectors assess and approve construction plans and building work to ensure compliance with building regulations. Building regulations set standards for the design, construction, and performance of buildings to ensure they are safe, healthy, energy-efficient, and accessible for occupants. Here are key aspects of building regulations approval:

1. **Submission of Plans:** Before starting construction, builders or property owners must submit detailed plans and specifications to the local building control authority or an approved inspector for review. These plans typically include architectural drawings, structural calculations, and technical specifications.

2. **Assessment:** Building control officers or approved inspectors review the submitted plans to ensure they comply with relevant building regulations, national standards, and local requirements. They assess aspects such as structural integrity, fire safety, ventilation, insulation, plumbing, electrical systems, accessibility, and energy efficiency.

3. **Site Inspections:** During construction, building control officers or approved inspectors conduct site inspections at various stages to verify that the work is being carried out in accordance with the approved plans and building regulations. Inspections may occur at key milestones such as foundation excavation, structural framing, and completion of major systems.

4. **Certification:** Upon satisfactory completion of the construction work and compliance with building regulations, the building control authority or approved inspector issues a completion certificate or final approval certificate. This certifies that the building work meets the required standards and can be occupied or used.

5. **Enforcement:** Building control authorities have enforcement powers to ensure compliance with building regulations. If building work is carried out without the necessary approvals or does not meet regulatory requirements, enforcement action may be taken, including issuing enforcement notices, fines, or legal proceedings.

Building regulations approval is separate from planning permission, although both may be required for certain construction projects. Planning permission focuses on the land use, appearance, and impact of developments on the local environment, while building regulations approval ensures that buildings are safe, structurally sound, and meet health, safety, and environmental standards. Compliance with building regulations is essential to ensure the safety and welfare of building occupants and the public.

What is the difference between a full plans application and a building notice application for building regulations approval?

The main difference between a full plans application and a building notice application for building regulations approval lies in the level of detail provided upfront and the extent of scrutiny by the local building control authority:

1. **Full Plans Application:**

- A full plans application involves submitting detailed construction plans, drawings, specifications, and other documentation to the local building control authority for review before construction begins.

- The submitted plans are thoroughly scrutinized by building control officers to ensure compliance with building regulations, national standards, and local requirements.

- Once the plans are approved, the building control authority issues a formal approval notice, specifying any conditions or requirements that must be met during construction.

- The advantage of a full plans application is that potential issues can be identified and addressed upfront, reducing the risk of delays, disputes, or non-compliance during construction.

2. **Building Notice Application:**

- A building notice application is a simpler and more informal process where the property owner or builder notifies the local building control authority of their intention to carry out building work without submitting detailed plans in advance.

- Instead of detailed plans, the applicant provides a brief description of the proposed work and basic information about the project to the building control authority.

- Building control officers conduct site inspections during construction to assess compliance with building regulations as work progresses.

- Building notice applications are typically used for smaller, straightforward projects where the scope of work is well-defined and there is confidence in the ability to meet building regulations without detailed plans.

- However, because detailed plans are not submitted upfront, there is less certainty about compliance with building regulations, and changes may need to be made during construction if issues arise.

In summary, a full plans application involves submitting detailed construction plans for review and approval before construction begins, while a building notice application allows work to commence without detailed plans, with compliance assessed through site inspections. The choice between the two approaches depends on the complexity of the project, level of risk tolerance, and preference for upfront planning versus flexibility during construction.

What are the differences between planning drawings and building regulations drawings?

Planning drawings and building regulations drawings serve different purposes in the construction process:

1. **Planning Drawings:**

- These drawings are submitted to local planning authorities for approval before construction begins.

- They focus on the overall design and appearance of the proposed development, including its impact on the surrounding area.

- Planning drawings typically include site plans, floor plans, elevations, and sometimes 3D visualizations.

- They may also incorporate information about landscaping, materials, and any external features.

2. **Building Regulations Drawings:**

- Once planning permission is granted, building regulations drawings are prepared to ensure that the proposed construction complies with building regulations and standards.

- These drawings provide detailed technical information about how the building will be constructed, emphasizing safety, accessibility, structural integrity, and energy efficiency.

- Building regulations drawings include more technical details such as structural calculations, insulation specifications, fire safety measures, drainage plans, and electrical layouts.

- They are used by building control officers to assess and approve the proposed construction before work commences, and they guide contractors during the building process to ensure compliance.

In summary, planning drawings focus on the aesthetics and general design of a project, while building regulations drawings provide the detailed technical information necessary to ensure that the construction meets legal and safety requirements.

What is a build over agreement?

A build-over agreement is a legal document that property owners must obtain from their local water authority or sewerage company before building over or near to a public sewer or drain. These agreements are necessary to ensure that the construction work does not compromise the integrity or accessibility of the sewer or drain. The agreement typically outlines the specific requirements and conditions that the property owner must adhere to during the construction process. This may include measures to protect the sewer or drain, such as providing access for maintenance and repairs, as well as any necessary structural reinforcements. Failure to obtain a build-over agreement can result in legal and financial consequences for the property owner.

What does a building control officer do?

Building control officers, also known as building inspectors or building surveyors, work for local authorities or private companies to ensure that construction projects comply with building regulations and safety standards. Their responsibilities include inspecting building plans and construction sites, issuing permits and approvals, and conducting on-site inspections at various stages of construction. They verify that buildings meet structural, fire safety, accessibility, and energy efficiency requirements. Building control officers play a crucial role in ensuring the safety and quality of buildings for occupants and the public.

What does a party wall surveyor do?

A party wall surveyor is responsible for resolving disputes between property owners regarding party walls, which are walls shared by adjoining properties. Their main tasks include assessing proposed building works that could affect party walls, serving notices to affected parties, mediating negotiations between property owners, and documenting agreements in party wall awards. They ensure that construction works comply with relevant laws and regulations, protect the interests of all parties involved, and help prevent disputes from escalating into legal issues.

What does a structural engineer do?

Structural engineers specialize in designing and analyzing the structural elements of buildings and infrastructure to ensure they can withstand loads and stresses. They assess factors such as materials, building codes, environmental conditions, and safety standards to create safe, stable, and durable structures. Their work involves designing foundations, beams, columns, and other structural components, as well as evaluating existing structures for renovations or repairs. They play a crucial role in ensuring the structural integrity and safety of construction projects.

What are average construction costs per square metre in London?

Construction costs per square meter in London can vary widely depending on factors such as the type of construction, building materials, project complexity, location, and current market conditions. However, as of my last update, the average construction costs in London were estimated to range from £2,000 to £3,000 per square meter for standard residential projects, and higher for more high-end or complex developments. It's always best to consult with local construction professionals or quantity surveyors to obtain accurate and up-to-date cost estimates for your specific project.

How do I find a good builder?

Finding a good builder involves several steps:

1. **Research:** Start by researching builders in your area. Look for recommendations from friends, family, or colleagues who have had positive experiences with builders. You can also search online directories, review websites, or professional associations for qualified and reputable builders.

2. **Check Credentials:** Verify that the builder is properly licensed, insured, and registered with relevant regulatory bodies. This ensures they meet professional standards and legal requirements.

3. **Ask for References:** Request references from past clients and follow up with them to inquire about their experience working with the builder. Ask about the quality of work, reliability, communication, and adherence to budget and timelines.

4. **Review Portfolios:** Look at examples of the builder's past projects to assess the quality of their workmanship and whether they have experience with projects similar to yours.

5. **Get Multiple Quotes:** Obtain quotes from multiple builders for comparison. Ensure that the quotes include detailed breakdowns of costs, timelines, materials, and any other relevant factors.

6. **Meet in Person:** Schedule meetings with potential builders to discuss your project in detail. Use this opportunity to assess their professionalism, communication skills, and compatibility with your vision for the project.

7. **Ask Questions:** Don't hesitate to ask the builder questions about their experience, approach to project management, subcontractors, warranties, and any other concerns you may have.

8. **Get Everything in Writing:** Once you've selected a builder, make sure to get a written contract that clearly outlines the scope of work, payment schedule, timelines, warranties, and any other agreed-upon terms.

By following these steps and conducting thorough due diligence, you can increase the likelihood of finding a trustworthy and skilled builder for your project.