Expiry of Planning Permission

Richard C · 20 Oct 2008

I have current (since 2005) PP for several alterations & extensions. I submitted a Building Notice in 2005 for a part of the work all of which has undergone the necessary inspections & will be complete within the next few months. A few questions I have been unable to find answers to;

• If I obtain a completion certificate for the current Building Notice, I assume my PP for the remaining alterations etc. still remains valid?
• If so, am I correct in assuming it will run to the original 5 year date? Is there a recognised way extending this date or, once it expires, will it mean a new submission?
• If I leave the current Building Notice open, does this mean PP on the uncompleted part of the work will remain valid beyond the original expiry date as the work has already started? Or does it only apply to work included on a current Building Notice?
• Are there any drawbacks in leaving a notice "open"? Does it only remain valid for a pre-determined time period? I appreciate I would need a Completion Certificate before any sale taking place.

AndrewSchofield · 20 Oct 2008

Richard - your planning approval should state the 5yr 'bit' in a condition which will usually state the work muct be COMMENCED within 5 years of the date. This means once you've made a start on the works the approval will run forever. It is worth contacting the LA and ask them if they'll come and have a look or send them some photos and get them to confirm that what you've done constitutes a start in planning terms - just to cover your back.

We did a job for someone a few years back where he just dug a trench and filled it with concrete to indicate a start to the foundations and got the planning officer to confirm this was a start on the approval and that the conidtion relating to the five year deadline had been met. He still hasn't done any more work on site to this day!

Shytalkz · 20 Oct 2008

As long as you've made a material start on the project within the timescale, it then becomes open-ended.

Just putting in the foundations used to be a way of getting PP to last effectively forever, but the LAs seem to have tightened up on that over the past few years; however, as you've been having BRegs inspections as the work's gone along, you won't have a problem, or any need to submit for an extension of the PP.

My local LA only gives 3 year permissions now for PP, don't know if that's a countrywide thing these days, though.

ETA: posted at the same time as Andrew, so not a direct response to his comments, although it looks like it!

AndrewSchofield · 20 Oct 2008

Shytalkz - yeah the 3yr condition is nationwide - the government specify the minimum time period that LAs can condition approval starts and they reduced this from 5yrs to 3yrs last year (i think - but time goes so quick it could be the year before). This is the minimum LAs can stipulate so they could still approve for five years but i've yet to see one give more than the minimum permitted!

Richard C · 20 Oct 2008

Thanks for the response guys. I’ve had 3 BI’s here on inspections at various stages of work so I’m assuming they are documented & there wouldn’t be any question that work hasn’t commenced.

What I was unsure of is weather or not to get completion on the current notice (which didn’t include all of the work) & run the possible risk of loosing permission on the remainder in 18 months time or leave the current notice open even though the work is complete; my concern here was could it lead to complications for failing to complete the notice within 3 years. If getting completion on the current notice will still leave the unfinished work “on permission” I guess that would be preferred.

Shy; mine was granted for 5 years in April 2005 but, as Andrew says, the default term has been reduced to 3 years since then; maybe it was done to pull it into line with the BR’s time period.

AndrewSchofield · 20 Oct 2008

As far as i am aware your BR regs approval (either by full plans or a notice) is independant from your planning application. Not up to speed on BR approvals so just do whatever you need to to satisfy your notice and do the rest of the works on a new notice if need be. If you've started the work on the planning approval then regardless of what you do re. notices the rest of the planning approval is approved forever now.

Shytalkz · 20 Oct 2008

You can split the BRegs bits into as many bits as you want, regardless of the PP for the whole scheme; you've definitely made a material start for the purposes of satisfying the PP condition.

But, bear in mind that, if the regs change by the time of your next BN, then you will have to comply with whatever is in force at that time (Part L has big changes coming in in 2010, apparently). And no doubt a hefty increase in fees as well...

Richard C · 20 Oct 2008

Thanks for the info guys, that’s been a great help. Part L is already a real pain as far as I can see; lots of little trix in there to catch out the unwary as one or two have already discovered! Must make a point of submitting before 2010, if I ever do the rest of it!

noseall · 20 Oct 2008

by the way, once a building is 'complete', it is wise not to hang around regards getting it signed off.

or else b.c. can stick their ore in.

Shytalkz · 20 Oct 2008

I left one on one of my past houses for 13 years once...worked in my favour, though as the BCO forgot that he'd previously asked me to obtain 2m headroom over the stairs, which would have meant a lot of faffing about. Clean forgotten when he - finally - did his final inspection

^woody^ · 20 Oct 2008

Our LA will archive dormant b/regs applications and charge you for the privilege of re-opening the file

Shytalkz · 20 Oct 2008

The fees for which probably promptly get invested in Iceland...

sintra · 20 Oct 2008

So if you submit for building regs and get an aproval for the current regs then start your build, but it takes shall we say 5 years to complete, Would i be able to build it to the regs that the plans were passed on or would i have to do it to whatever are the latest regs also would i have to keep submitting new applications ???

Shytalkz · 20 Oct 2008

If you get full plans approval, then you have three years in which to start - you don't have to complete the work within that timeframe. Providing that you work to the original plans (other than minor mods), the compliance requirement is with the regs in force at the time of the application.

If you go the building notice route, then it's the regs in force at the time of submission and, again, no set limit, unless you change things to such an extent that a new submission is considered to be required.

sintra · 20 Oct 2008

so if you dont complete the work within 3 years on a building regs full plans approval what happens then ?

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Expiry of Planning Permission

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