Giving shape to the ideas

Planning Risk

Planning permission can be the greatest risk on a construction project.

Deciding whether to make an outline or detailed application, and when to make an application is of great importance. Typically clients wish to secure planning permission as soon as possible so as to minimize abortive design costs. However, being granted planning permission may become more likely as the design develops and more details can be provided to the planning authority.

On design and build projects delays in obtaining planning permission (which the contractor has taken reasonable steps to avoid) may be grounds for an extension of time, and loss and / or expense and may become grounds for termination of the contract if the delay results in the works being suspended.

Deciding whether to make an outline or detailed application, and when to make an application is of great importance. Typically clients wish to secure planning permission as soon as possible so as to minimize abortive design costs. However, being granted planning permission may become more likely as the design develops and more details can be provided to the planning authority.

On design and build projects delays in obtaining planning permission (which the contractor has taken reasonable steps to avoid) may be grounds for an extension of time, and loss and / or expense and may become grounds for termination of the contract if the delay results in the works being suspended.

 

Not having the right planning permission

 

  • Building anything without permission is risky
  • If you do not comply with Building Regulations, you will not be issued a completion certificate and will struggle selling your property
  • As the property owner, you will be liable for any remedial action
  • A breach of planning regulations could result in enforcement action and demolition
  • You may incur extra costs and waste time

 

Be aware of the direction you need to go in and the steps you need to take in order to make your planning proposal and application a simple and straightforward process.

The difference between Permitted Development and development that needs a planning application

 

Permitted Development means you can undertake reconstruction and development projects without needing planning permission. This is if your proposal doesn’t fall under routine maintenance or automatic permission by law.

 

  • Examples of Permitted Development

    • Converting attached buildings such as garages
    • Single storey extensions and conservatories
    • Loft conversions
    • Porches
    • Gate, walls and fences
    • Swimming pools
    • Building / Converting a basement

    Take note that although many domestic extensions and out-buildings to houses do not require a Planning Application or Planning Consent, they must comply with a number of rules and regulations. Also, if your property is a period, listed or heritage building, or is in a conservation area development rights may be more restricted.
    Contact us for a free consultation so that we can advise you on the steps and regulations that need to be adhered to, to comply with current legislation therefore avoiding delays. Planning legislation and policy are always changing, so it’s always best to contact your local property experts to keep informed of regulations that may have changed if you are planning development projects in the near future.