Planning law in property transactions - Building regulation control

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Overview

Planning law and building regulation control are key components of property transactions in England and Wales. For aspiring solicitors preparing for the SQE1 FLK2 exam, having a thorough grasp of these legal frameworks is essential. This article covers the main principles, processes, and practical applications of planning law and building regulations, offering vital knowledge for exam success and future practice in property law.

Legal Framework of Planning Law

The Town and Country Planning Act 1990

The Town and Country Planning Act 1990 (TCPA 1990) is the fundamental legislation guiding planning law in England and Wales. This law provides the regulatory framework for managing land use and development. Key provisions include:

  • Section 55: Defines 'development' as any construction or significant change in land use.
  • Section 57: Requires planning permission for any land development.
  • Section 78: Details the appeal process against planning decisions to the Secretary of State.

The Concept of 'Development'

Knowing what qualifies as 'development' under the TCPA 1990 is essential for understanding when planning permission is necessary. Activities include constructing new buildings or changing how existing spaces are used, with certain exclusions such as:

  • Internal changes not affecting a building's exterior
  • Using a home for activities related to its enjoyment
  • Changes within the same category of use

Case law has further refined this interpretation. For example, in Sage v Secretary of State for the Environment, Transport and the Regions [2003] UKHL 22, the House of Lords ruled that increased use intensity could represent a material change, requiring planning permission.

Permitted Development Rights

The Town and Country Planning (General Permitted Development) (England) Order 2015 automatically grants permission for specific developments, allowing property owners to make certain changes without applying for planning permission, within set limitations.

Building Regulation Control

Purpose and Scope

Building regulations establish standards for building design and construction to ensure health, safety, and convenience. The Building Act 1984 and Building Regulations 2010 provide the legal basis for these controls.

Key Areas of Control

Building regulations govern various construction aspects, including:

  1. Structural safety
  2. Fire safety
  3. Moisture and contaminant resistance
  4. Sound insulation
  5. Ventilation
  6. Sanitation and water efficiency
  7. Energy conservation
  8. Accessibility

Approval Process

To meet building regulations, approval is needed via:

  1. Full Plans Application: Submit detailed plans before starting work.
  2. Building Notice: Notify the local authority before beginning, with inspections during construction.

Certain tasks allow registered installers to self-certify compliance.

Interplay Between Planning Permission and Building Regulations

Though distinct, planning permission and building regulations often overlap in property deals:

  • Timing: Planning permission usually comes before building regulation approval.
  • Focus: Planning deals with appearance and usage; building regulations address internal construction standards.
  • Compliance: Both approvals must be obtained independently.
  • Enforcement: Failing to meet either can lead to enforcement actions.

Enforcement and Penalties

Planning Law Enforcement

Local authorities have various tools for enforcement, including:

  • Planning Contravention Notices
  • Enforcement Notices
  • Stop Notices
  • Breach of Condition Notices
  • Injunctions

Penalties can be severe, with fines and possible imprisonment for persistent violations.

Building Regulation Enforcement

Local authorities can act against non-compliant work through:

  • Enforcement Notices
  • Injunctions
  • Prosecution

Non-compliance may be recorded on the Local Land Charges Register, affecting future transactions.

Practical Applications

Example: Residential Extension

Consider a homeowner planning a two-storey addition:

  1. Planning Permission: Determine if the extension fits within permitted rights or requires a full application.
  2. Building Regulations: Submit plans or a notice for approval, covering fire safety and energy efficiency.
  3. Inspections: Building control checks during construction to ensure compliance.
  4. Completion: A final inspection results in a completion certificate, important for future transactions.

Case Study: Change of Use and Renovation

A developer converting an office to residential units must address both planning and building regulations:

  1. Planning Permission:

    • Apply for a change from Class E to Class C3
    • Consider local planning policies and conditions
  2. Building Regulations:

    • Gain approval for major changes, focusing on safety and efficiency
    • Use a Full Plans Application for detailed approval
  3. Legal Aspects:

    • Conduct due diligence on existing restrictions
    • Address planning conditions and possible agreements
    • Negotiate compliance-related warranties
  4. Enforcement Risks:

    • Risk of stop notices without necessary approvals
    • Potential for costly fixes if regulations aren't met
    • Consequences for not meeting planning conditions

Conclusion

A deep knowledge of planning law and building regulation control is vital for success in the SQE1 FLK2 exam and future property law work. Key takeaways include:

  • The central role of the Town and Country Planning Act 1990 in defining and regulating development
  • The separate but overlapping nature of planning permission and building regulations
  • The importance of understanding permitted development rights
  • The broad scope of building regulations in ensuring construction standards
  • The range of enforcement options available to authorities
  • The crucial connection between planning, building regulations, and property transactions

By understanding these principles and their practical applications, aspiring solicitors can effectively handle complex property transactions, evaluate legal risks, and provide informed advice to clients in their careers.