A breach of planning permission terms could see London couple lose their home.
Failure to comply with your obligations under the Party Wall Act, planning permission and Building Regulation approval can result in disastrous consequences for home-owners. In a recent case planners in Wandsworth may force new home-owners to demolish unlawful works rendering their £500k home untenable.
TK Surveying Group often discuss the legal ramifications
associated with non-compliance of the Party Wall etc. Act 1996, and whilst party wall is seen as a standalone cog of the design and planning process where non-compliance has resulted in disastrous outcomes for home-owners, this case highlights the importance of also ensuring building owner compliance with planning permission and Building Regulations approval as part of the design and build process.
Generally, you’ll most likely require planning permission if you intend to build something new or make a major alteration to your building and you must also check to see if you need building regulation approval before you construct or change your home in a certain way.
‘Building Regulations approval is different from planning permission, and you may need both.’
The difference between building regulations and planning permission can be unclear for those who have limited experience.
Building regulations are for the design and construction standard for a building, these standards ensure that building's are being constructed safely and that design standards meet requirements such as energy conservation.
Planning seeks to ensure that the use of building and land is in keeping with local and national guides for localised development, this may include, the appearance of buildings including landscaping, the impact on infrastructure such as access to highways and the environment impact including local habitat.
It’s not uncommon for separate permission and processes to be required for many types of building work, however, certain types of building work may require building regulation approval and not planning permission.
If you’re intending to undertake building work personally, it's crucial you understand how the regulatory systems applies to your proposed plans as you are ultimately responsible to ensure that compliance is adhered. If you are employing a contractor, the responsibility will normally be theirs, but this should confirmed, ideally in writing and from the offset.
‘As owner of the building, ultimately you are the person that may be served with an enforcement notice if the work does not comply.’
For further advice contact your local planning authority - Click Here
To read more about the case above - Click Here
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