Planning Permission vs Building Regulations: Clear Distinction and Common Job Types

Summary

Confusing planning permission with Building Regulations is one of the most common misunderstandings clients bring to building professionals. The two systems are administered by different parts of the local council (or by different organisations entirely — Approved Inspectors carry out Building Control independently of the LPA), and they serve entirely different purposes.

Planning permission is concerned with land use and the built environment: what is built, where it is built, how it looks, and what impact it has on neighbours, the street scene, and the character of the area. It is administered by the Local Planning Authority (LPA), which is usually part of the local district or borough council. The governing legislation is the Town and Country Planning Act 1990 and secondary legislation including the General Permitted Development Order (GPDO).

Building Regulations are concerned with technical safety and performance: is the structure sound? Will it resist fire? Is it insulated adequately? Will it withstand flooding? They are administered by the Local Authority Building Control (LABC) or by privately approved inspectors, under the Building Act 1984.

Understanding which system applies to a given job — and recognising when both apply — protects both the client and the trade professional from enforcement action, void insurance, and expensive retrospective work.

Key Facts

• Town and Country Planning Act 1990 — the primary legislation for planning permission; gives LPAs powers to control development
• Building Act 1984 — the primary legislation for Building Regulations; establishes LABC and the Approved Inspector system
• GPDO 2015 — General Permitted Development Order; sets out Permitted Development rights that allow certain works without a planning application
• Permitted Development (PD) — the right to carry out certain works without applying for planning permission; does not remove the need to comply with Building Regulations
• Planning enforcement — 4 years limitation for operational development (building work) and change of use to a dwelling; 10 years for all other breaches; no limitation for listed building enforcement
• Building Regulations enforcement — Building Control has powers to require demolition of non-compliant work under the Building Act 1984; no limitation period for enforcement
• Retrospective planning (Section 73A) — can apply for planning permission after work is carried out; planning fee applies; LPA can refuse or attach conditions
• Regularisation certificate — the equivalent of retrospective Building Regulations approval; BCO inspects completed work; may require exposing structural elements for inspection
• Full Plans application — the preferred route for Building Regulations; plans submitted, approved before work begins
• Building Notice — alternative simpler route; no prior plan approval; BCO inspects during construction
• Section 257 (Planning) — planning permission under Section 73A for works that have been carried out without permission
• Listed Building Consent (LBC) — a form of planning consent required for works affecting a listed building; separate from and in addition to standard planning permission
• Conservation Area Consent (CAC) — required for demolishing structures in a conservation area; applies regardless of PD rights

Quick Reference Table

Detailed Guidance

What Planning Permission Controls

Planning permission is required for "development" as defined by Section 55 of the Town and Country Planning Act 1990. Development includes:

1. Operational development — building, engineering, mining, or other operations in, on, over, or under land
2. Material change of use — changing the use of a building or land to a materially different use class

The key concept is "material" — minor changes in appearance (repainting, replacing a window in the same style) are not development and require no permission. Significant changes (adding a storey, changing from residential to commercial) are development and require permission.

What planning considers:

• Impact on neighbouring properties (overlooking, overshadowing, loss of amenity)
• Impact on the street scene and character of the area
• Density and scale of development
• Flood risk and drainage
• Highway access and parking
• Heritage (listed buildings, conservation areas)

What planning does not consider:

• Whether the building is structurally safe
• Whether the building is energy efficient
• Whether the drainage will work
• Whether the electrical installation is safe

These are Building Regulations matters.

What Building Regulations Control

Building Regulations apply to most building work unless it falls within an exempt category (Schedule 2 to the Building Regulations 2010). The Approved Documents (Parts A to R) provide guidance on how to achieve compliance.

Key Approved Document Parts:

• Part A — Structure (loads, spans, stability)
• Part B — Fire safety (means of escape, fire resistance, detection)
• Part C — Resistance to contaminants and moisture (damp, radon)
• Part E — Sound (between dwellings)
• Part F — Ventilation (background and purge ventilation)
• Part G — Sanitation, hot water and water efficiency
• Part J — Combustion appliances (boilers, stoves)
• Part L — Conservation of fuel and power (energy efficiency)
• Part M — Access and use (accessibility, door widths)
• Part P — Electrical safety
• Part Q — Security (new dwellings — doors and windows)

What Building Regs do not control:

• The appearance of the building
• Its impact on neighbours (except where structural or acoustic)
• Whether it is allowed on the site

When You Need Both

Extension: If within PD limits (under 3m/6m rear single-storey extension), planning permission is not required. However, Building Regulations are required for any extension that adds internal floor space, regardless of size. Parts A, B, C, E, F, G, L, and M may all apply.

Loft conversion: PD rights allow loft conversions that don't exceed the roof volume limits and use rooflights rather than dormers above the ridge line. But Building Regulations are required for every loft conversion — Part A (structural), Part B (fire escape from new habitable room), Part L (insulation), Part F (ventilation).

Change of use: Converting a shop (Class E) to a flat (Class C3) requires planning permission (material change of use). It also requires Building Regulations for Part B (fire safety), Part E (sound between dwellings), Part F, Part G, Part L.

When You Need Only Planning

Change of use without building work: changing the use of a building (e.g., from office to residential) triggers planning permission through material change of use. If no building works are carried out — the building simply starts being used differently — Building Regulations may not be triggered by the change itself (though they will be triggered when building works are carried out in connection with the new use).

External appearance only changes: installing signage, changing cladding materials (requiring planning in conservation areas), or repainting render to a different colour in a conservation area may require planning consent without any building works that need Building Regs.

When You Need Only Building Regs

Internal structural alterations: removing or altering a load-bearing wall, adding a new beam, underpinning, installing an internal staircase — these are all Building Regulations matters but are not development for planning purposes (they don't change the external appearance or use).

Electrical work (Part P): rewiring a house, installing a new consumer unit, running new circuits — all Part P notifiable. No planning permission needed.

Boiler replacement: replacing a gas boiler with a new gas boiler is Building Regulations (Part J, Gas Safety) but not planning. It becomes planning if a new flue requires approval (e.g., in a conservation area), and it would require planning plus Building Regs for a heat pump (new external unit visible from highway).

Window replacement: like-for-like window replacement with energy-compliant glazing is Building Regulations (Part L energy efficiency, Part Q security for new dwellings) but not planning permission — unless in a conservation area or listed building where full permission or listed building consent may be needed.

Permitted Development and Its Limits

PD rights allow many works without a planning application. But PD rights do not override Building Regulations. Common misunderstanding: "it's permitted development so I don't need any permissions." This is wrong — PD removes the need for a planning application only; Building Regulations remain in force.

PD rights can be removed by:

• An Article 4 Direction — the LPA removes PD rights in a specific area; common in conservation areas
• A planning condition — previous planning permission included a condition removing PD rights for subsequent works
• Listing — listed building status removes PD rights entirely; all works require Listed Building Consent

When PD rights are uncertain, a Lawful Development Certificate (LDC) provides certainty that the works are lawful. An LDC application costs around £100–£200 and is processed by the LPA in the same way as a planning application.

Enforcement and Retrospective Regularisation

Planning enforcement:

• For operational development (building work): 4-year limitation from substantial completion
• For change of use to a dwelling house: 4 years from the material change of use
• For any other breach: 10 years
• For listed buildings: no limitation period; enforcement can be taken at any time

If the limitation period has passed, the LPA can issue a certificate of lawfulness (Section 191 certificate) confirming the development has become lawful by passage of time.

Building Regulations enforcement:

• There is no limitation period for enforcement under the Building Act 1984
• The BCO can issue a Section 36 notice requiring removal of non-compliant work at any time
• This means that non-compliant work from 20 years ago can still be the subject of a notice

For Building Regulations retrospective approval: apply for a Regularisation Certificate (only available from LABC, not from Approved Inspectors). The LABC inspects the completed work; if work is covered up, some exposure may be required. The certificate confirms compliance.

Frequently Asked Questions

My client's extension was built without Building Regs approval — can they get it approved now?

Yes — apply for a Regularisation Certificate from the LABC. The BCO will inspect. For work completed over a long period ago, they may accept a structural engineer's certificate as evidence of structural adequacy without exposing foundations, but this varies by authority. Be prepared for the BCO to require some intrusive inspection.

I need to remove a load-bearing wall — do I need planning permission?

No — removing an internal load-bearing wall does not change the external appearance or use of the building, so it is not development for planning purposes. But Building Regulations approval is required (Part A structural, potentially Part B fire separation). Structural calculations from a qualified engineer must be submitted to Building Control.

Can I replace a flat roof with a pitched roof under PD?

Only if the new roof does not exceed the PD height limits for the existing building. Adding a pitched roof to a single-storey extension is usually PD if it doesn't project above the ridge of the main house and meets all other Class A PD criteria. But the works require Building Regulations approval for Part A (structural), Part C (weathering), and Part L (energy).

What is a Section 73A planning application?

It is an application for planning permission for works that have already been carried out without consent, under Section 73A of the Town and Country Planning Act 1990. It is the equivalent of applying for permission retrospectively. The LPA assesses it on the same planning merits as if it were a new application. If granted, conditions may be attached. If refused, enforcement action can follow.

Does an Approved Inspector (private Building Control) have the same powers as LABC?

Yes — for the purposes of Building Regulations compliance, an Approved Inspector (now called a Registered Building Control Approver or RBCA post 2024 reform) has the same powers as LABC to approve, inspect, and reject work. However, Approved Inspectors cannot issue Regularisation Certificates for retrospective work — that must go to LABC.

Regulations & Standards

• Town and Country Planning Act 1990 — primary planning legislation

• GPDO 2015 (SI 2015/596) — General Permitted Development Order; Schedule 2 PD rights

• Building Act 1984 — primary Building Regulations legislation

• Building Regulations 2010 (SI 2010/2214) — the Regulations themselves; Approved Documents

• Planning (Listed Buildings and Conservation Areas) Act 1990 — Listed Building Consent and Conservation Area Consent

• Building Safety Act 2022 — major reforms to Building Control; introduces Registered Building Control Approvers; Higher Risk Buildings regime

• Planning Portal — official guide to planning permission and Permitted Development

• GOV.UK: Building Regulations — guide to when Building Regs approval is needed

• LABC: Find Your Local BCO — Local Authority Building Control

• Planning Portal: Permitted Development — interactive PD guides by project type

• Historic England: Listing and Consent — Listed Building Consent requirements

• part a structure — Building Regulations Part A structural requirements

• garden rooms — PD rules for outbuildings under Class E

• decking permits — PD rules for decking height thresholds

• nhbc warranty — NHBC standards alongside Building Regs