Many house owners are eager to make improvements to their property, whether for their own enjoyment or with a view to selling the property and moving up the property ladder.

Certain improvements/works carried out to properties require the appropriate planning permission and/or building regulation approval and failure to have the correct documentation in place to cover the works carried out may lead to the local authority issuing enforcement proceedings against the property owner.

For the purposes of enforcement proceedings, the “property owner” is the registered owner of the property at the time that enforcement proceedings are commenced; not the original registered owner who carried out the works/improvements originally.

If is therefore essential that when purchasing property, your legal advisor ensures that the appropriate planning permissions and/or building regulations consents have been obtained to cover the works carried out.

Not all works require both planning and building regulations approval. Each local authority has their own requirements and specifications for the granting of planning permission, and it is important that either you or your architect contact the local authority direct to confirm the position.

Enforcement provisions

Planning Permissions

1. Previously there were different enforcement periods for breach of planning varying between 4 and 10 years but important changes have now been made to planning enforcement periods which came in to force on 25 April 2024 (subject to transitional arrangements).
   
   Transitional arrangements provide that where the works were substantially completed or there was a change of use to a single dwellinghouse prior to 25 April 2024, the four-year period will still apply. However, it is for the local authority to decide when the works were “substantially completed “and it may be difficult to argue this point with the local planners. For example, a property may have been constructed some years ago, but the planners may decide that “substantially completed” means when the patio was laid – which may only have taken place a few months ago. 
   
   
2. The new legislation provides a blanket period of 10 years enforcement period for all breaches of planning control from 25 April 2024. If the relevant documentation was not obtained, your legal advisor should obtain clarity as to when the works were completed to establish whether the new enforcement period takes precedence.

Building Regulations

1. The Building Safety Act 2022 has undergone significant amendments in cases where the work carried out is not in compliance with Building Regulations. This allows the local authority’s building control department to request that the works are removed or altered.
   
   
2. Following amendments to the Act, as from 01 October 2023 enforcement proceedings can be taken up to 10 years after completion of the works.
   
   
3. This provision does not apply retrospectively and therefore any works completed on or before 30 September 2023 will be covered by the old enforcement provisions. Under the old enforcement provisions, a local authority was able to prosecute and take enforcement action for any breaches of building control up to twelve months after completion of works. As with planning permission, in situations where the seller has failed to obtain a Building Regulation Completion Certificate for works carried out to the property, that your legal advisor establishes when this work was completed and if the new enforcement period provision are applicable.
   
   

How we can help

Navigating planning permissions and building regulations can be complex, but ensuring compliance is essential to protect your investment and avoid potential enforcement action. Our experienced residential property team is here to provide expert advice, review property documentation, and guide you through the process to ensure your transaction proceeds smoothly. If you are purchasing a property or need assistance with planning and building regulation matters, contact us today to discuss how we can help.