Ian Brewerton Architecture

You may need some or all of these approvals:

Planning Consent
For new building, extensions, and alterations affecting the appearance of a building and/or to change the use of a building (or land).
There are exemptions ("Permitted Development"), but although the basic core of these is set out in Legislation, Local Authorities are permitted to withdraw the exemptions, and to set local policies which affect the way the exemptions are applied. Don't assume something that is OK in borough "A" is automatically OK next door in borough "B". It may not be.

Building Regulations Approval
Control the technical standards for new buildings and alterations. The regulations set out functional requirements - these are supplemented by "Approved Documents" which set out ways of meeting the functional requirements. You are not bound to follow the Approved Documents if you can satisfy the requirement some other way - but in most cases the Approved Document is the easiest way to demonstrate compliance. Normally when altering an existing building the duty is to not make the building less compliant with the current regulations, and for new work to comply with the regulations. However here are a couple of important caveats. If the use of the building changes, the whole building may be treated as though it were new with a requirement to bring it up to current standards. If the building comes under Health and Safety legislation (if you employ people on the premises for instance) you have a duty to continue to comply with current safety regulations, and that may require you to upgrade the building.

Listed Building Consent
If you have a Listed Building you will generally know it. However, I am aware of one case in which enquiries of both the relevant statutory body (CADW - Welsh Heritage, in this case) and the Local Authority failed to show that a building was listed, and had been since 1968. Setting aside such (fortunately uncommon) scenarios, repair and maintenance using original materials ("like for like") does not require Listed Building Consent. Almost anything else does. And failure to obtain consent before you start is potentially a criminal matter. You may need Planning Consent as well.

Conservation Area Consent
If your building is in a conservation area, you will need this consent to demolish a building. Permitted development rights which would normally apply will be restricted, and there will be special planning policies in force.


There are other areas of law which require consideration, although no formal approvals are issued by the Local Authority, including ...

The Construction (Design and Management) Regulations
See the 'Safety' page

The Party Wall Act
If you plan to do work - possibly very minor - to a Party Wall, there are some strict procedures to follow, with timetables laid down. This Act also applies if you are going to do work entirely on your own land which involves digging below the depth of your neighbours foundations within 3 metres of their walls (or within 6 metres in some cases) or you intend to build up to a boundary. Seek advice, and try to reach amicable agreement (which under the Act must be in writing) rather than becoming confrontational. Only the surveyors and lawyers will benefit.

The Disability Discrimination Act
Access for disabled persons in buildings being altered and new building is already controlled by the Building Regulations and planning policies. This Act also applies to all buildings, and may require alterations to any premises to which the public have access. 'Disabled preople' in this context are not limited to wheelchair users. There is a link to the DDA web site on the 'Links' page.

Rights of Light
Existing buildings may have a right to daylight. (There is generally no right to sunlight or to a view). This is a common law right, and merely obtaining Planning or Building Regulations approval does not deal with any Rights of Light which exist. An adjacent building owner whose Rights have been infringed may be able to obtain an injunction stopping your building work or in an extreme case even requiring you to demolish your new building ! The subject is complex, and may require specialist advice.

Statutory Charges
See the next question for details of the charges made for certain Statutory approvals.

revised 20 April 2009