49. Breaches of planning permissions

Breaches of planning permission conditions or building regulations consent conditions, as well as unfinished work or work lacking necessary consents, can have significant implications for property sales.

Breaches of planning permission conditions or building regulations consent conditions 

• Non-compliance: Breaching planning permission conditions or building regulations consent conditions occurs when property development or construction activities deviate from the approved plans, specifications, or conditions stipulated by local planning authorities or building control bodies. 
• Examples of breaches: Breaches may include unauthorised alterations to property layout, changes in building materials, exceeding permitted building heights or dimensions, or conducting activities prohibited by planning permissions or building regulations. 
• Impact on property sale: Breaches of planning permission or building regulations can complicate property sales by creating uncertainty, legal liabilities, and potential enforcement actions. Prospective buyers may be hesitant to purchase properties with unresolved planning or building control issues, fearing legal consequences, financial liabilities, or difficulty obtaining financing or insurance. 
• Legal consequences: Property owners may face enforcement notices, stop notices, or planning enforcement actions from local authorities requiring remediation of planning breaches, demolition of unauthorised structures, or restoration of affected areas to comply with planning regulations. 

Unfinished work or work lacking necessary consents

• Incomplete projects: Unfinished construction projects, renovations, or alterations to properties may result in properties being sold in an incomplete or non-habitable state, potentially affecting their marketability, valuation, and desirability to prospective buyers. 
• Lack of consents: Undertaking construction work without obtaining necessary planning permissions or building regulations approvals can lead to properties having unapproved or unauthorised alterations, extensions, or modifications, raising concerns about safety, structural integrity, and compliance with regulatory requirements. 
• Impact on property sale: Properties with unfinished work or work lacking necessary consents may face challenges in the real estate market, as buyers may perceive such properties as risky investments, requiring additional time, effort, and resources to rectify non-compliant issues and obtain retroactive approvals. 
• Remedial costs: Buyers may negotiate lower purchase prices or request financial concessions to account for the costs of completing unfinished work, rectifying non-compliant alterations, or obtaining retrospective planning permissions or building regulations approvals. 

Resolving planning or building control issues and their impact on property sale

• Legal advice: Property owners should seek legal advice from solicitors or property lawyers specialising in planning law and building regulations to assess the nature and implications of planning or building control issues, understand legal obligations, and explore options for resolution. 
• Professional assessments: Property owners may engage qualified architects, surveyors, or building inspectors to conduct assessments, surveys, or inspections of the property to identify planning or building control issues, assess compliance with regulations, and develop remediation strategies. 
• Negotiation with buyers: Sellers can negotiate with prospective buyers to address planning or building control issues, disclose relevant information, provide assurances, or offer concessions to facilitate property sales and alleviate buyer concerns. 
• Rectification measures: Property owners should take proactive steps to rectify planning or building control issues, obtain necessary consents, approvals, or certificates of regularisation, and ensure compliance with regulatory requirements before marketing or selling the property. 
• Disclosure requirements: Sellers are legally obligated to disclose known planning or building control issues to prospective buyers, ensuring transparency and compliance with legal obligations. Failure to disclose material issues could lead to legal disputes, liabilities, or claims of misrepresentation.