We provide a wide range of legal services to individuals through our specialist teams of solicitors across our offices.
We provide a wide range of legal services to individuals through our specialist teams of solicitors across our offices.
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We provide a wide range of legal services to businesses through our specialist teams of solicitors across our offices.
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When carrying out building work or alterations in England, it is important to understand the distinction between planning permission and building regulations. The two are governed by separate legal frameworks and serve different purposes, but both may apply to the same project.
Below we answer some common questions our residential property team are asked when it comes to planning and building regulations.
Planning permission controls how land and buildings are used, designed, and affect their surroundings. It deals with matters such as appearance, size, environmental impact, and considerations as to neighbouring properties.
Building regulations is about the technical standards of construction itself. It covers safety, energy efficiency, and structural soundness.
In short: planning permission decides if you can build and building regulations decide how you build.
You will usually need planning permission for:
Smaller works like certain loft conversions, garden sheds, or rear extensions, may fall under “permitted development rights” and will not require full permission. However, it’s always wise to check with your Local Authority first.
Permitted development rights allow you to carry out certain types of building work without needing to apply for full planning permission. Examples can include:
However, restrictions apply, particularly in conservation areas, national parks, or listed buildings.
Applications are made through your local planning authority (usually the district or borough council). You will need to submit detailed drawings, site plans, and sometimes supporting documents like design statements (depending on the project).
Local councils have powers to issue an enforcement notice if work is completed without planning permission or if it does not follow the approved plans. You may be ordered to reverse the changes, alter the building, or even demolish it. You may also face difficulties when selling the property.
Yes, you can submit a retrospective planning application, but approval is not guaranteed. If it is refused, you still have to put things right, at your own expense.
As of the 25th of April 2024, enforcement action must be taken within 10 years from the date of substantial completion of works, unauthorised change of use and/or the breach of any other planning control. If works or unauthorised change of use took place before the 25th of April 2024, enforcement action must be taken within 4 years. However, additional factors such as illegal action or deliberate concealment may allow action to be taken outside of the enforcement periods regardless.
Building regulations sets minimum standards for:
They exist to keep people safe, reduce energy waste, and ensure buildings are fit for purpose.
You can choose either the local council’s Building Control service or an approved private inspector. They will check your plans, inspect the works and visit your site, and issue a completion certificate once everything is compliant.
Most building work requires approval, but there are exemptions (e.g. certain conservatories, porches, or minor alterations). Again, it is best to confirm before starting.
For building regulations there is a process called “regularisation” that applies to unauthorised work. This is a formal application to your local Building Control department asking them to inspect and approve building work that was done without permission. If the works do not comply, you may be required to carry out remedial works at your own cost before they will issue the regularisation certificate.
As of the 1st of October 2023, enforcement action must be taken within 10 years from the date of substantial completion of works. If works took place before the 1st of October 2023, enforcement action must be taken within 2 years. However, enforcement action can be taken at any time if the works are considered unsafe or if additional factors such as illegal action or deliberate concealment are involved.
They are completely separate systems. Getting planning permission does not mean your work automatically meets building regulations, and vice versa.
In most cases you usually need both.
Whether you’re planning an extension, carrying out renovations, or purchasing a property with existing alterations, it’s essential to understand your legal obligations.
Our experienced Residential Property team can advise on planning permissions, building regulations, and any potential risks before or after work takes place.
Call us on 01277 211 755 to speak to one of our experts.
The above is meant to be only advice and is correct as of the time of posting. This article was written by Saira Bugtti, Conveyancing Executive in the Residential Property team at Pinney Talfourd LLP Solicitors. The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. This article is based on the law as of October 2025.
For help and advice, talk to a member of our team. They can advise on the best options in your matter.
