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Building Regulations vs Planning Permission in London: Which Applies to Your Project?

14 January 20297 min read
Building Regulations vs Planning Permission in London: Which Applies to Your Project?

Building Regulations and planning permission are two separate statutory consent systems that are frequently confused by London homeowners undertaking renovation, extension, or improvement projects. They serve different purposes, are administered by different parts of the local authority, and apply to different types of work. Understanding which applies to your project, and whether both are required simultaneously, helps London property owners avoid the cost and delay of retrospective applications and enforcement action.

Planning Permission: Controlling What You Build and Where

Planning permission is the consent granted by the local planning authority, which in London means the relevant London borough council, for proposed development. Planning permission is concerned with the impact of development on the external appearance of buildings, the use of land and buildings, the effect on neighbours and the wider environment, and the character of the local area. It is not concerned with how the building is constructed or whether the construction methods meet technical safety standards. A planning application considers what is being built, where it is being built, how large it is, and what it will look like from outside, rather than how it is built internally or whether the pipework meets the required standards.

Many common home improvement projects in London fall within permitted development rights, which are a set of automatic planning consents granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 for specified categories of development. A rear extension up to a certain size, a loft conversion, the installation of a satellite dish on a non-prominent wall, and the conversion of an integral garage to a habitable room are all examples of work that may qualify as permitted development without requiring a formal planning application. However, permitted development rights in London are significantly restricted in conservation areas, for listed buildings, and in some cases by conditions attached to the original planning consent for the property. A householder should always check whether permitted development rights apply before assuming that planning permission is not required.

Building Regulations: Ensuring Technical Standards Are Met

Building Regulations are a separate statutory system that sets minimum technical standards for the design and construction of buildings and for alterations and extensions to existing buildings. While planning permission is concerned with whether something should be built, Building Regulations approval is concerned with how it is built, with a focus on structural safety, fire safety, energy efficiency, drainage, ventilation, and the safety of building services installations. Building Regulations approval is required for a wider range of work than planning permission, including many types of internal alterations that do not affect the external appearance of the building and therefore do not require planning permission.

For plumbing and building services work in London, the most common Building Regulations-notifiable projects include the installation of a new boiler or heating system, the installation of a new bathroom or shower room, the replacement of an unvented hot water cylinder, any extension or alteration to the drainage system, and electrical installation work in dwellings. These categories of work are notifiable under the Building Regulations whether or not they require planning permission, and failure to notify the local authority Building Control service before starting work, or to obtain a completion certificate on finishing, means that the work is not legally certified and may cause problems when the property is sold or remortgaged.

When Both Are Required: The London Scenario

Some London projects require both planning permission and Building Regulations approval. A rear extension to a London terraced house that is larger than permitted development limits requires planning permission for the external alteration, and also requires Building Regulations approval for the structural, thermal, drainage, and building services elements of the construction. A basement conversion that changes the use of a space also requires both planning permission for the change of use in some cases and Building Regulations approval for the structural and fire safety elements. Prestige Engineers advise London clients on the Building Regulations requirements for plumbing and heating work, carry out Building Regulations notifiable installations under the Competent Person Scheme, and can refer clients to planning consultants for projects that also require planning consent.