What Every Homeowner Should Know About Planning & Building Regulations

🏡 Thinking of extending, converting, or renovating your home?

Before you pick up a hammer or call a builder, there’s something you should check first: your planning permission and building regulation approval.

Recent rule changes mean councils now have more time than ever to take enforcement action where the right permissions aren’t in place — so it’s vital to get it right before you start.

Here’s everything homeowners need to know 👇

🧱 1. What’s Changed — and Why It Matters

Over the past two years, two major updates have reshaped how long local authorities can act on building or planning breaches:

📅 Since 1 October 2023 – Under the Building Safety Act 2022, councils can take enforcement action for certain Building Regulations breaches for up to 10 years after the work is completed.

📅 Since 25 April 2024 – The Levelling Up and Regeneration Act 2023 increased planning enforcement time limits from 4 years to 10 years for any new works completed after this date.

That means even small, innocent oversights could come back to haunt you years down the line — especially if you decide to sell or remortgage.

🏗️ 2. Planning Permission vs Building Regulations

Although they often get mentioned together, they’re two very different approvals:

• Planning Permission controls what you build and how it looks — whether it fits within your local area and meets design or environmental criteria.
• Building Regulations control how it’s built — ensuring it’s structurally sound, energy-efficient, and safe to use.

You might need one, both, or neither — it depends entirely on your project.

🧾 3. Before You Start Any Work

A few quick checks can prevent serious headaches later:

✅ Confirm with your local council’s planning and building control teams what permissions you need.

✅ If you live in a listed building or conservation area, you may need extra consent (see Historic England’s guidance).

✅ Get everything in writing from your builder — especially who’s responsible for approvals, inspections, and warranties.

✅ Keep neighbours informed if your works affect shared walls or boundaries (Party Wall Act guidance).

📁 4. The Paperwork to Keep Safe

Whether you’re planning or selling, these are the documents buyers (and solicitors) will ask for:

• Planning Permission Decision Notice
• Building Regulations Completion Certificate
• Structural Calculations (if applicable)
• Warranties and guarantees (windows, roof, electrics etc.)
• Confirmation of completion date (to know which rules apply)

Having these ready can make your future move much smoother.

🧱 5. Already Done the Work?

If you’ve already carried out works without approval — don’t panic. There are solutions:

📝 You can apply for retrospective approval through a Regularisation Certificate (for Building Regulations).

🛡️ If the work is older and approval isn’t practical, you can often get indemnity insurance to reassure future buyers.

MSD Law can review your situation, check which option fits best, and make sure everything’s handled properly.

💬 6. How MSD Law Can Help

Our property team regularly spots missing permissions and outdated certificates during conveyancing. We:

✔️ Identify issues early, before they delay your sale or purchase.

✔️ Advise on indemnity policies or retrospective options.

✔️ Translate the legal jargon into plain English — so you always know what’s happening.

💡 If You Only Take One Thing Away, Let It Be This:

A little checking now can prevent a major headache later.

Before you build, convert, or extend, always confirm your permissions with your local council — and keep your paperwork safe.

And if you’re not sure where to start?

👉 MSD Law’s friendly property team can help – https://msdlaw.co.uk/contact/

🧾 Helpful Links

• GOV.UK – Planning Permission (England & Wales) – ​​https://www.gov.uk/planning-permission-england-wales
• GOV.UK – Building Regulations Approval – https://www.gov.uk/building-regulations-approval
• Historic England – Listed Building Consent – https://historicengland.org.uk/advice/hpg/consent/lbc
• Party Wall Act Guidance – https://www.gov.uk/party-wall-etc-act-1996-guidance

🙌 BONUS: Useful resources for buyers

• “Know Before You Buy: Tip #1 – Check for Restrictive Covenants Before You Extend” → A must-read for future renovators – https://msdlaw.co.uk/what-every-buyer-should-know-before-renovating/
• “The Ultimate Guide to Your Conveyancing Process” → Step-by-step breakdown of the full journey – https://msdlaw.co.uk/the-ultimate-guide-to-your-conveyancing-process/
• “How We Take Care of You During the Conveyancing Process” → Our client-first approach explained – https://msdlaw.co.uk/how-we-take-care-of-you-during-the-conveyancing-process/
• “Taking Care of Yourself During the Conveyancing Process” → Stress-free tips and wellbeing ideas – https://msdlaw.co.uk/taking-care-of-yourself-during-the-conveyancing-process-a-solicitors-guide/

To find out more about how we can help, get in touch today – 01952 825050 / info@msdlaw.co.uk

Find us on Facebook

Find us on LinkedIn