Planning Permission vs Building Regulations

A Simple Introduction

Embarking on a home extension, a new build, or even a significant alteration is an exciting prospect. However, before a single brick is laid, you must navigate two entirely separate sets of legal requirements: Planning Permission and Building Regulations approval.

It is perhaps the single most common point of confusion for my clients. Many assume that once they have "permission," they are free to build. This is a dangerous misconception. Think of them as two different gatekeepers, each with their own set of keys, guarding two different gates on the path to your completed project. You need to satisfy both to proceed legally. My role is to guide you through both gates, but it is vital you understand why they are separate and what each one governs.

What is [Topic] in Plain English?

Let's use a simple analogy. Imagine you want to hold a large, public event in a park.

Planning Permission is like asking the park authorities if you can hold the event. They will ask questions like:

• Will your event be too noisy for the neighbours?

• Does it fit with the character of the park?

• Will it cause too much traffic and parking congestion?

• Is the location you've chosen appropriate, or will it block a cherished public view?

In essence, planning permission is concerned with the principle of the development. It governs the 'what' and the 'where'. It assesses the impact of your proposed building work on its surroundings and the wider community. It deals with aesthetics, land use, and strategic policy.

Building Regulations, on the other hand, are like the park's health and safety officer checking how you plan to run your event. They will ask questions like:

• Is your stage structure safe and properly engineered so it won't collapse?

• Are your electrical connections properly installed to prevent fire?

• Do you have adequate fire exits and emergency lighting?

• Are there enough facilities, and are they accessible to people with disabilities?

Building Regulations are entirely technical. They are concerned with the 'how' of the construction. Their sole purpose is to ensure the health, safety, and welfare of the people who will use the building, and to advance energy efficiency and accessibility. They don't care if your extension is beautiful or ugly; they only care if it is built correctly, safely, and to a legally defined standard.

The Official Process Explained

Because they govern different things, these two approvals are handled by different bodies, follow different laws, and have different application processes.

The Planning Permission Process:

• Legal Basis: The Town and Country Planning Act 1990 (as amended).

  
  

• Governing Body: The Local Planning Authority (LPA), which is a department within your local council.

  
  

• The Application: You (or we, as your agent) submit a planning application. This includes detailed drawings showing the location, size, and external appearance of the proposed work, along with various supporting documents and a fee.

  
  

• Key Considerations: A Planning Officer will assess the application against the Local Plan (your council's development strategy) and national policies like the National Planning Policy Framework (NPPF). They consider factors such as:

  
  

  • Design and appearance.

  • Impact on neighbouring properties (e.g., loss of light or privacy).

  • Effect on highway safety and parking.

  • Impact on conservation areas or listed buildings.

• Outcome: The LPA will either grant permission (sometimes with conditions attached), or refuse it. This process typically takes around 8-13 weeks for most household applications. It's important to note that some minor works may not require a full planning application if they fall under Permitted Development Rights, but these rights are complex and must be verified.

  
  

The Building Regulations Approval Process:

• Legal Basis: The Building Act 1984 and The Building Regulations 2010 (as amended).

  
  

• Governing Body: You have a choice. You can use either your Local Authority Building Control (LABC) department or a private firm known as an Approved Inspector.

  
  

• The Application: You submit a Building Regulations application. This can be a 'Full Plans' application, where you provide highly detailed technical drawings and specifications for approval before work starts, or a 'Building Notice', where you simply inform the authority you are starting work (this is only suitable for very simple projects).

  
  

• Key Considerations: A Building Control Surveyor (or Approved Inspector) will check that your plans and, crucially, the work on-site comply with the standards set out in the Approved Documents. These are a series of detailed technical guides covering everything from Part A (Structure) and Part B (Fire Safety) to Part L (Conservation of Fuel and Power) and Part M (Access to and use of buildings).

  
  

• Outcome: The surveyor will conduct site inspections at key stages of the build (e.g., foundations, drainage, roof structure). If all work is compliant, they will issue a Completion Certificate at the end of the project. This certificate is vital legal proof that the work was done correctly.

  
  

Why This Matters For Your Project

Understanding this separation is not just an academic exercise; it has profound practical and financial implications.

1. You Need Both: For almost any significant extension or new build, you will need to secure both approvals independently. Getting planning permission does not, in any way, grant you Building Regulations approval, and vice versa.

   
   

2. Sequential Process: Typically, we secure planning permission first. There is no point spending significant fees on detailed technical drawings for Building Regulations until we know if the council will let you build the project in the first place.

3. Legal & Financial Risk: Starting work without the correct approvals is illegal. The council can take enforcement action, forcing you to alter or even demolish the work at your own expense. Furthermore, when you come to sell your property, the buyer's solicitor will demand to see both the Planning Permission decision notice and the Building Regulations Completion Certificate for any work undertaken. Without them, your property may be considered unmortgageable, severely impacting its value and your ability to sell.

   
   

Common Pitfalls and How to Avoid Them

• The Permitted Development Trap: A client realises their small rear extension falls under Permitted Development and doesn't require planning permission. They incorrectly assume this means they don't need any approval at all. This is false. The work will almost certainly still require Building Regulations approval.

  • How to avoid: Always assume Building Regulations apply unless officially advised otherwise. For any structural work, new drainage, or changes affecting fire safety or thermal efficiency, you must involve Building Control.

• Confusing the Inspectors: A client has the Planning Officer visit the site and believes this is their only inspection. They are then surprised when a Building Control Surveyor needs to inspect the foundations.

  • How to avoid: Recognise they are two different professionals with two different jobs. The Planning Officer cares about what the project looks like from the street; the Building Control Surveyor cares about the size of your steel beams and the integrity of your damp-proof course.

• Budgeting for Only One Process: A project budget only accounts for the fees and drawings for a planning application, failing to account for the separate (and often more detailed and therefore more expensive) technical drawings, structural engineer's calculations, and inspection fees required for Building Regulations.

  • How to avoid: When we discuss fees, we will always clearly separate the work required for the planning stage from the work required for the technical Building Regulations stage. Ensure you have budgeted for both.

Conclusion & Key Takeaways

The distinction between Planning Permission and Building Regulations is the most critical preliminary concept to grasp in any UK construction project. While they may both originate from your local council building, they are entirely separate legal worlds.

Let me summarise the absolute key takeaways for you:

• Planning Permission is about whether you can build and what it will look like. It assesses the impact on your surroundings.

• Building Regulations are about how you must build it. They ensure your project is safe, healthy, and energy-efficient.

  
  

• They are two separate applications, submitted to two separate bodies, under two separate laws.

  
  

• You almost always need both for any significant project. One does not grant the other.

• Failure to secure both can lead to enforcement action and make your property difficult to sell in the future.

  
  

My responsibility as your architect is to navigate you expertly through both processes. By understanding this core distinction, you are already better equipped than most to manage your expectations, budget effectively, and appreciate the critical steps we must take together to ensure your project is not only beautifully designed but also legally compliant and safely built.