63. Planning permissions and building regulations

Planning permissions, building regulations approvals, and completion certificates are important documents related to property development and construction. 

Planning permissions 

These are official approvals granted by local authorities for proposed changes or developments to a property. They ensure that the proposed work complies with local planning policies and benefits the community. For example, if you want to build an extension or make significant changes to your property, you will need planning permission. 

Building regulations approvals 

These approvals ensure that construction work meets specific safety, health, and environmental standards set by national regulations. They cover various aspects like structural integrity, fire safety, and accessibility. Whether you are building a new structure or making alterations, compliance with building regulations is crucial to ensure safety and quality. 

Completion certificates 

Once construction work is finished, the local building control authority inspects it to ensure it meets the approved plans and building regulations. If everything checks out, they issue a completion certificate. This certificate confirms that the work has been done properly and that the property is safe for occupation. 


Why are they important for a property sale? 


  • Legal compliance: These documents show that any construction work on the property was done legally and meets required standards, reducing the risk of legal issues. 
  • Property value: Having proper permissions and approvals can increase the property's value and appeal to buyers who value transparency. 
  • Financing and insurance: Lenders and insurers may require these documents before providing financing or insurance coverage for the property. 
  • Risk mitigation: Ensuring all permissions are in place helps mitigate the risk of future disputes or liabilities related to construction work. 
  • Buyer confidence: Providing these documents gives buyers confidence in the property's construction quality and compliance, making the sale process smoother. 

Unfinished works 


In the context of property alterations, it is crucial to define what we mean by "unfinished" works. These are alterations that have been initiated but are not yet fully completed. They may involve minor touch-ups, adjustments, or final details that require attention to achieve the desired result. 


When disclosing such unfinished works, it is essential to provide potential buyers with comprehensive information. This includes detailing the specific nature of the unfinished alterations and explaining why they remain incomplete. This transparency about ongoing projects helps potential buyers understand the current state of the property and what to expect during the transition. Additionally, it allows buyers to assess how these unfinished works align with their preferences and plans for the property. 


Breaches of conditions 


Identifying breaches of planning permission or building regulations consent conditions requires a meticulous approach. It involves consulting the pertinent documentation related to the property's alterations and cross-referencing them with the relevant regulations in force at the time. This method ensures precise and accurate disclosure, allowing potential buyers to understand any deviations from the stipulated conditions. 


However, it is possible that uncertainty may arise regarding whether specific works breached conditions. In such cases, it is prudent to acknowledge this uncertainty and provide all available information. Transparency remains a cornerstone, even when faced with ambiguity. By openly sharing any doubts and offering the information at hand, you demonstrate your commitment to providing potential buyers with a comprehensive understanding of the property's alteration history, including any potential breaches of conditions. This empowers buyers to make informed decisions about the property. 


 Resolving planning or building control issues 


Resolving planning or building control issues is a critical aspect of property management and ownership. When disclosing such matters, it is important to provide potential buyers with a detailed understanding of the issues at hand and the steps being taken to address them. 


  • First and foremost, clearly outline the nature of the planning or building control issues. Explain what specific conditions or regulations have been breached, if any, and how these breaches came to be. This initial step ensures that buyers are aware of the exact nature of the problem. 


  • Next, discuss the steps that are currently in progress to resolve these issues. This could involve working closely with local authorities, architects, or contractors to rectify any non-compliance. Highlight the timeline for resolution, including milestones and deadlines, to give potential buyers a clear picture of when they can expect the issues to be addressed. 


  • In your disclosure, emphasise your commitment to compliance and to ensuring that the property meets all relevant regulations and standards. This commitment can be reassuring to buyers, as it shows that you are actively taking responsibility for resolving any outstanding matters. 


  • Moreover, if there have been any challenges or obstacles encountered in the process of resolving these issues, it is important to mention them as well. Transparency about potential delays or complications demonstrates honesty and helps buyers make informed decisions. 


  • Disclosing planning or building control issues should be a thorough and transparent process. It involves explaining the nature of the issues, detailing the steps being taken for resolution, highlighting your commitment to compliance, and acknowledging any challenges faced during this process. This level of disclosure not only builds trust but also ensures that buyers have a complete understanding of the property's compliance status. 
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