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Two Separate Bouncers: Getting Planning and Building Control on Side Before You Swing a Hammer

JDP Contracting
Two Separate Bouncers: Getting Planning and Building Control on Side Before You Swing a Hammer

Photo: Phil Champion , CC BY-SA 2.0, via Wikimedia Commons

Most refurb stumbles do not start with a dodgy builder. They start with a homeowner assuming one approval covers the lot. You get a set of drawings, someone mutters about planning, someone else mentions building control, and suddenly you are three weeks into a job wondering why the council wants to see the drainage before the plasterboard goes up.

The truth is simpler and slightly annoying: a UK refurb often needs two separate green lights. Planning permission deals with what you are allowed to build. Building regulations deal with how it must be built. They are not the same department, they do not automatically talk to each other, and one does not cancel out the need for the other.

One asks what, the other asks how

Think of planning as the principle. It asks whether the size, position, use and appearance of the work are acceptable in that place. A rear extension, a loft conversion, a shop-to-flat change, a new window in a conservation area: these are planning questions. Councils care about neighbours, street scene, heritage, parking, flooding and local policy. It is not a vote on whether your neighbour likes you, and a lack of objections does not equal approval.

Building regulations are the technical rulebook. They ask whether the structure is safe, whether there is enough escape in a fire, whether the stairs are sensible, whether the electrics and gas work are safe, whether damp proofing and ventilation are right, and whether the building performs well enough on energy. The building control body checks the detail and inspects at stages. At the end you want a completion certificate, not a vague memory of someone popping round in a hard hat.

The permitted development trap

Permitted development is one of the most misused phrases on a UK building site. It means certain works can go ahead without a planning application, subject to limits and conditions. It does not mean no rules, no drawings and no paperwork. It certainly does not mean building regulations do not apply.

Permitted development rights can also be removed. Conservation areas, Article 4 directions, listed buildings, flats, some new-build estates and properties with past planning conditions can all change the picture. If you are relying on permitted development for a key part of the scheme, a lawful development certificate is worth considering. It is not a permission in itself, but it gives you a formal record that the council accepts the works are lawful. That is useful when you sell, remortgage or end up explaining the project to a buyer's solicitor.

When planning is almost certainly in play

You should expect a planning application if you are changing the use of a building, building something that exceeds permitted development limits, working on a listed building, or making external changes in a conservation area. Flats and maisonettes have tighter rules than houses. Some works that feel small, such as a new shopfront or a prominent flue, can still need consent.

Listed buildings bring a third approval into the mix: listed building consent. That is separate from planning and separate from building regulations. If the building is listed, get specialist advice before anyone touches a lime render or a sash window. The phrase 'we will just make it good' does not carry much weight with a conservation officer.

Building regulations: the quiet gate you cannot skip

Building regulations apply to most building work, including plenty of jobs that need no planning permission at all. Removing a load-bearing wall, converting a garage, replacing windows, installing a new boiler, rewiring, creating a new bathroom, changing insulation, or making a loft habitable all have regulatory implications. Some of these can be covered by competent person schemes, such as registered electricians or window installers, but someone still has to certify the work.

For a straightforward job, a building notice can sometimes work. For anything complex, a full plans application is usually the calmer route because you get comments before the work starts rather than after the walls are closed up. Either way, appoint the building control body early. Do not wait until the builder asks where the inspector is. A private approved inspector can be used on many projects, but the key is that the appointment, inspection schedule and evidence trail are sorted before demolition.

Sequencing the two so the job does not lurch

Start with the scope, not the shopping list. Write down what is actually changing: structure, layout, external appearance, use, services, fire strategy, thermal elements. Then check the planning history and local constraints. If planning is needed, submit the application and wait for the decision before starting work that would be difficult to undo. You can develop technical drawings and building regulations details in parallel, but do not let the site run ahead of the approval.

Once planning is on track, appoint building control and agree the inspection stages. For a simple job, this might be a short sequence. For a bigger refurb, it may include foundations, drainage, structural openings, insulation, fire separation and completion. Ask for a pre-start meeting. Put the approved drawings, planning decision, conditions, party wall arrangements and building control details in one folder. That folder is not bureaucracy; it is the thing that stops a Friday afternoon panic.

Finally, remember planning conditions and completion certificates. Planning permission can come with conditions that need discharging before or during the build. Building control completion is not the same as planning compliance. Close both out properly. When you sell, these are the documents that make a buyer's solicitor relax rather than reach for another email.

The short version

Planning asks whether you can do it. Building regulations ask whether it is safe, lawful and properly built. Permitted development is not a free pass. Internal work is not automatically exempt. And no, the building inspector will not sort out your planning application for you.

Get the two approvals in the right order, keep the paperwork together, and your refurb gets the boring advantage every good project needs: fewer surprises when the real work starts.

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