What does 'Planning Consent' mean when buying a property?
Find out what Planning Consent means when you are buying a property. 'What does Planning Consent mean?' plus over 150 other property related terms and jargon in plain English
Planning Consent
The Town and Country Planning Act 1947 requires that properties built after this time require consent from the local authority. Properties that have substantial changes made to them also require planning consent - in other words a house converted into apartments in 1970 would need planning consent as would a house that adds a large extension.
It is important to note that some small extensions in certain areas do not require planning consent - check with the local authority for exact details in your area.
If you want to find out if the property you are buying has got planning consent the files are freely available at walk in centres operated by the local council. Some also have on-line databases accessible over the internet.
If you want to check that a change to a property (such as an extension) as got planning permission then:
- Check with the local authority if the change needed planning consent - a surprising number of alternations don't.
- If the change should have had planning consent the local authority often has walk in services where you can check and many also offer the service online.
Planning Consent or Planning Permission
These mean the same thing and are used interchangeably depending on the sentence. For example:
- "We got planning consent to build the extension".
- "We have planning permission to build the extension".
Planning consent is also often referred to as Planning Permission.
To learn more about what you should look for when purchasing a property pick up a copy of my ebook How to Really Buy a Property.
Search Results for 'planning' in
How to Really Buy a Property
Chapter 12:
Choosing a Conveyancer or Solicitor
"... by another two weeks.
In either case Mr Bollen could have lost the property (and the legal fees) for no good reason.
True Story - planning permission from 1903!
Frank and Sarah had offered on a Mansion Block apartment in Clapham. The price was agreed but they wanted to use a solicitor..."
"... than any quote they had had from London.
The Mansion Block had been built in 1903 but this was not the kind of building that the Exeter solicitor was used to dealing with and so she requested the planning consent and the architects original drawings.
The vendor thought that the buyers were..."
Chapter 13:
Your Own Homework
"... buy;
How to check your credit record before the bank does;
How to find out if a property is in a flood zone;
How to check if a property has planning permission (or if it needs it);
How to find out what the current owner paid and if this really matters;
How to find the nearest park, railway,..."
"... These can be seen online at their website http://www.environment-agency.gov.uk/homeandleisure/floods/default.aspx.
- Is There planning Permission for This Property? -
If you have looked at a property that is new or appears to have had an extension you can check if planning permission..."
"... Permission for This Property? -
If you have looked at a property that is new or appears to have had an extension you can check if planning permission exists for this before going down the expensive road of hiring a solicitor and paying a surveyor.
It is important to note that some..."
"... expensive road of hiring a solicitor and paying a surveyor.
It is important to note that some small extensions in certain areas do not require planning permission - check with the local authority for exact details in your location.
To find out if the property you are buying has got planning..."
"... exact details in your location.
To find out if the property you are buying has got planning permission the files are freely available at walk in centres operated by the local council. Some now even keep their databases on the internet for public access.
- How Much Did the Vendor Buy the..."
Chapter 15:
How to Really Make an Offer on a Property
"... solicitor is likely to be against such an idea. To start with it may seem like a great way to send positive messages to the vendor but any such agreement is likely to be complicated. If in the process of buying it is discovered that, for example, the property has subsidence or the house next door has got planning permission to double in size and block out all the sunlight to your garden, it would be fair for you to pull out of the..."
Chapter 17:
The Property Buying Process in Theory
"... etc.
planning Consents - these are only required if the vendor or some previous owner has made changes to the property that required planning permission. An example might be a two storey extension added to the rear of the property but could even include a skylight added in the loft.
Building..."
"... Regulation Approval - again these are only required if the vendor or some previous owner made changes to the property that are deemed to be structural and so should be inspected by the local borough's Building Control department. These can include changes that have been made inside the property and so did not require planning consent. An example could be where two rooms have been made into one and the wall that was removed was a structural part of the..."
"... are from companies no longer in business
There has been building work that does not require planning consent but your solicitor is not familiar with the area's requirements and so asks for documents that are not required and do not exist.
There has been building work that does not..."
"... your solicitor is not based in, or familiar with, the area in which you are buying they may not know about local regulations. As such they request documents that do not exist. The vendors' solicitor does not reply for exactly that reason but your solicitor sits and waits for the document that isn't coming. The most common is planning permission. Many solicitors are unaware, for example, that you can build an extension on a freehold house in certain conservation areas up to ten percent of the volume of the original house or fifty cubic metres (whichever is greater) . As such they waste time swapping letters in an endless attempt to find planning consent on something that requires no..."
"... parts:
The Local Search - this is provided by the local council and lists all planning applications made in the area immediately surrounding your property since records began. It does not show whether the applications were successful or not. There are three ways to get a local search:
The..."
"... search:
The Standard Local Search - this is the traditional method and costs the least. Your solicitor applies to the local council who find every single planning application there has ever been in the area. It can take, depending on the council, up to sixteen weeks to process.
A Hand..."
"... built half a century ago.
Once your solicitor has these searches he may want more information. The most obvious is that there is a planning application in the local search that applies to the property you are hoping to purchase. They will then want to know:
Was the application successful..."
"... you are hoping to purchase. They will then want to know:
Was the application successful and if so:
Was the planning consent acted upon and did building work actually take place and if so:
Was the building work inspected to confirm that it did match the planning consent that was approved and..."
"... the planning consent acted upon and did building work actually take place and if so:
Was the building work inspected to confirm that it did match the planning consent that was approved and if so:
Was Building Regulation Approval required for the building work and if so:
Was the work..."
"... may also want to know, however, if planning consent has been given for something on another property that may affect the value of your property in the future. An example would be planning permission to open a nightclub across the road from your property. The local search would show someone had applied for it but they will need to find out if it was denied. If not they will need to tell you and the lender about it as it may materially change the decision of either of you on whether or not you want to..."
"... classic example is Highbury Place in Islington. Georgian town houses can sell for well over £2 million yet a few decades ago a planning application was made to tear the whole row down. Thankfully it was rejected but the application shows up on every search so a solicitor must always check that it was rejected. Otherwise they could theoretically be handling the paperwork of a historical pile of..."
"... does not understand agency searches
Your solicitor has no contacts with the local council and so cannot get clarity on planning applications and has to do everything in writing which adds weeks to the process as they grind through the council's systems
Your solicitor is based in a rural area..."
"... him with the company name and policy number.
Guarantees: From the vendor (see below).
planning Consents (where applicable): From the vendor or, if he does not have them, from the local council.
Building Regulation Approval (where applicable): From the vendor or, if he does not have them,..."
"... cannot find them or has lodged them with a solicitor who has since gone out of business or closed down
There has been building work that required planning consent but none has been applied for
There has been building work that required Building Regulation Approval but the work has not been..."
"... guarantees he has concerning work that has been carried out on the property
Copies of planning consent or building regulation approval if structural changes or additions have been made to the property
Leasehold only: Who the managing agents are and who the freeholder is
Share of..."
"... is under guarantee but cannot find the certificate. It takes time to get a copy
The vendor has carried out building works on the property which required planning consent but he has not apply for it
The vendor has carried out building works on the property but does not have a copy of the..."
"... works on the property which required planning consent but he has not apply for it
The vendor has carried out building works on the property but does not have a copy of the planning consent that was given
The vendor has carried out building works on the property which required Building..."
Chapter 21:
Legal Matters in Property Purchases
"... solicitor also has a set of questions they want answered but they are legally obliged to inform the lender if they seriously believe anything they discover is likely to affect the lenders decision about either you or the property. The solicitor, for example, may discover that planning permission has just been granted to open a nightclub opposite your flat with live music until 3am every morning. The lender really ought to know that even if you think it is great..."
"... reason why a buyer would not want the property?
Insurance
Is the building insured and if not, why not?
planning Consent and Building Regulations Approval
If any changes were made to the building in the past was the appropriate consent gained and were the changes made to a..."
Chapter 22:
Why Vendors are Poorly Prepared
"... paperwork which should be coming through is as follows:
The sellers questionnaire
The fixtures and fittings list
Any planning consents (if applicable)
Any building regulation certificates (if applicable)
Any guarantees (damp, roof, etc.)
The building insurance details
The..."
"... carpets and curtains at no extra cost. In order to mend any hard feelings, they also threw in the washing machine and fridge.
- planning Permission -
Your solicitor may start asking for confirmation of planning permission if:
The local search suggests planning permission was..."
"... to mend any hard feelings, they also threw in the washing machine and fridge.
- planning Permission -
Your solicitor may start asking for confirmation of planning permission if:
The local search suggests planning permission was applied for
The outline of the property does not match..."
"... - planning Permission -
Your solicitor may start asking for confirmation of planning permission if:
The local search suggests planning permission was applied for
The outline of the property does not match the outline on the title deeds
There is something in the general..."
"... for the vendor's solicitor to write to the council, and for the council to actually get round to replying, can take forever and a day. To get round the problem almost all councils have walk in centres where any member of the public can look up planning applications and see if they were successful or not. Some can even be accessed over the..."
"... can even be accessed over the internet.
Assume the vendor does not know this, most people don't, and if there is a planning query take a couple of hours off work to get down there and sort it out. What might take weeks can be resolved in an afternoon!
- Building Regulation Approval -..."
"... unlike planning applications, it is not possible to quickly resolve building regulation queries. If however, from the planning application date you can ascertain that the work was carried out before the mid 1980s there is a very good chance building regulation approval did not exist...."
