Planning Law in England and Wales

Sunil Radia • 17 January 2023

I want to improve my home.  Do I need planning permission?

Planning permission: What you need to know


If you're planning to do building work on your own home, you may be wondering whether you need planning permission. The answer is not always straightforward, as it depends on the nature and scope of the work you want to do, as well as the regulations in your local area. In this article, we explain what you need to know about planning permission for residential properties in the UK.


UK planning law regulates the development and use of land, including the construction, alteration, and use of buildings. The law is designed to balance the interests of property owners and developers with the public interest in protecting the environment and maintaining the character of neighbourhoods.


In England, the main legislation governing planning is the Town and Country Planning Act of 1990, and in Wales is the Planning (Wales) Act of 2015. These acts give local authorities the power to control development through the use of planning policies and decisions on planning applications.


If you want to do building work on your own home, you will typically need to submit a planning application to your local planning authority, which will assess the proposal against local planning policies and any relevant national guidelines.


For residential properties, planning permission is typically required for:


  • Building new houses
  • Changing the use of a building from residential to commercial use
  • Building a large extension or making significant alterations to the property that would alter its appearance
  • Building in an area designated as a conservation area
  • Building in an area designated as an Area of Outstanding Natural Beauty


However, in many cases, small projects such as building an extension or converting a loft may not require planning permission, as long as they fall within certain size and design guidelines, known as Permitted Development rights. These rights allow certain types of development to be carried out without the need to apply for planning permission. It's always best to check with your local planning authority to confirm whether planning permission is required for your specific project.


It's worth noting that even if planning permission is not required, building regulations approval may still be needed to ensure that the work meets certain safety and accessibility standards.


Permitted development rights are a set of guidelines established by the UK government that allow property owners to make certain types of changes to their homes without the need to apply for planning permission. These rights are intended to make it easier for homeowners to make small improvements to their properties, such as building an extension or converting a loft, without the need for a lengthy and potentially costly planning application process.


However, it's important to note that while permitted development rights can make it easier to make changes to your property, they are not without restrictions. The rights are subject to certain conditions and limitations, such as size, design, and location, and may be subject to change by the government.


Article 4 is a provision within the Town and Country Planning Act of 1990 (England) and Planning (Wales) Act of 2015 (Wales) that gives local authorities the power to remove certain permitted development rights in specific areas. An Article 4 direction is a notice issued by the local planning authority that removes certain permitted development rights in a specific area. This means that property owners in that area will need to apply for planning permission for certain types of work that would otherwise be allowed under permitted development rights.


It's important to note that the local authority has to consult with the community and the property owners before issuing an Article 4 direction, and they also have to give reasonable notice before it comes into effect.


If you are planning to do work on your property and you're unsure if an Article 4 direction applies to your area, it's best to check with your local planning authority for clarification.


In conclusion, understanding the planning permission process and the regulations that apply to your area is essential if you are planning to do building work on your own home. While small projects may be covered by permitted development rights, larger projects or those that involve significant changes to the appearance of the property may require planning permission. Additionally, building regulations approval may still be needed even if planning permission is not required. It's always best to check with your local planning authority for specific guidelines and requirements in your area, and to be aware of any Article 4 directions that may remove certain permitted development rights in your area. By doing your research and consulting the right authorities, you can ensure that your building work is completed to the highest standards and in compliance with all relevant regulations.


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Why Staged Payments Protect Your Project - and Your Wallet

by Niket Kapur • 14 September 2025
The Risk of Big Deposits You have found a builder, the price is agreed, and you are eager to get started. The builder then asks for a large deposit upfront. Many homeowners feel they have no choice but to pay, only to later discover delays, unfinished work, or requests for more money. Large upfront payments remove your leverage and place all the risk in your hands. If the builder walks away or progress slows, your money may already be gone. Disputes, stress, and spiralling costs often follow. Why Staged Payments Make Sense The professional approach is to use staged payments tied to progress on site. This is not about mistrusting your builder - it is about protecting both parties and ensuring the project runs smoothly. With staged payments: You keep control of cashflow. The builder has incentive to deliver each stage on time. Payments are transparent and predictable. Disputes about “extras” are reduced because each stage is defined. By contrast, a large deposit creates imbalance. You lose the ability to hold the builder accountable, and problems become harder to resolve. How to Structure Payments Properly 1. Agree milestones in advance · Foundations completed · Roof installed · First fix services complete · Plastering finished · Practical completion 2. Keep it in writing · Payment terms should be part of your written contract and specification. 3. Always hold a retention · Retain 5-10% until all snagging is completed. 4. Avoid cash · Pay by bank transfer so there is a record. 5. Challenge unreasonable demands · If a builder insists on many thousands of pounds upfront, this is a red flag. Case Study: Regaining Control A homeowner we supported in Wembley had agreed to pay almost 40% of the contract value upfront. The builder became slow to mobilise, then requested further money before completing the first stage. The client felt trapped and anxious. We stepped in, reviewed the contract, and helped renegotiate a staged payment plan tied to milestones. Work progressed more smoothly, and the homeowner avoided what could easily have become a financial disaster. “Once the staged payments were in place, we finally felt back in control. Sunil and his team gave us confidence that our money was safe and that the builder was accountable.” Why This Matters for You Payment schedules may sound like a small detail, but they are often the difference between a successful build and a costly dispute. A fair, balanced structure protects your investment, gives your builder clarity, and keeps the project moving forward. Take Action Today Do not let unclear payment terms put your project at risk. Book a free 20-minute consultation with The Building Guidance Partnership. We will review your proposed payment structure and give you confidence that your builder is working to protect your money - not put it at risk.

"Why Hoarding Saves Lives: A Lesson from Tragedy"

by Niket Kapur • 9 September 2025
On 8 June 1965, The Times reported a tragic incident in Mitcham, Surrey. A six-year-old boy was found seriously burnt after lying between a live rail and a running rail. His story reminds us, even decades later, of the dangers posed by unprotected sites and infrastructure. While this was a railway accident, the principle is the same for building sites. Construction sites are dangerous: exposed wiring, deep excavations, sharp tools, heavy machinery, and unstable structures.  To the untrained eye, especially a child’s, a site can appear as nothing more than an exciting playground. In reality, it can be deadly. Why Hoarding Matters Site hoarding - the solid fencing erected around construction sites - is not just about privacy or stopping theft. It is a frontline safety measure that: Prevents accidents by keeping children and the public away from hazards. Protects workers by creating a controlled environment. Reduces liability for owners and contractors, who are legally responsible for site safety. Maintains order by ensuring only authorised people gain entry. Enhances community relations by reducing noise, dust, and unsightly views. A Duty of Care Every property owner, contractor, developer, and project manager has a duty of care. Skimping on hoarding, leaving gaps, or delaying installation is a risk no one should take. History shows us that tragedies happen quickly when safeguards are absent. Hoarding saves lives. It is not an optional extra but an essential first step in any build. The tragic story from 1965 is a reminder that dangers are real and ever-present.

Site Safety 101 - Hoarding, CDM Duties & Protecting Your Family

by Niket Kapur • 10 August 2025
Renovating or building at home can be exciting, but it also brings hazards. Power tools, dust, heavy machinery, and open excavations can quickly turn a dream project into a dangerous environment if not properly managed. Site safety is not just about protecting workers - it is about safeguarding you, your family, your neighbours, and the public. Many homeowners underestimate their role in safety, assuming it is purely the builder’s responsibility. In reality, under UK law, you have legal duties too. Why Site Safety Matters A safe site: Prevents accidents and injuries. Keeps your project on track by avoiding shutdowns or investigations. Reduces the risk of costly claims or disputes. Demonstrates professionalism to neighbours and the wider community. Beyond these practical benefits, safety is also a legal obligation. The Construction (Design and Management) Regulations 2015 (CDM 2015) set out duties for clients, contractors, and designers - and yes, you, as the homeowner commissioning the work, are a “client” under these rules. Practical Steps for a Safe Site Secure the Perimeter Hoarding: Use solid hoarding or strong fencing to enclose the site. This prevents unauthorised access, especially by children or curious passers-by. Clear Signage: Install warning signs (e.g., “Construction Site - Keep Out”) and safety notices for deliveries. 2. Control Access Designate a single entry point for workers and deliveries. Keep keys or codes secure - never leave gates open for convenience. 3. Manage Hazards Inside Ensure trip hazards, trailing cables, and exposed nails are dealt with promptly. Store tools, materials, and chemicals safely at the end of each day. Keep fire extinguishers and first-aid kits on-site and visible. 4. Protect Your Family Create a physical barrier between living areas and the works. Use dust sheets and sealed doors to reduce airborne particles. If you must enter the site, wear sturdy footwear and appropriate PPE. 5. Meet Your CDM Duties Appoint a Principal Contractor (if more than one contractor is working on-site). Make sure the contractor has a Construction Phase Plan covering safety procedures. Provide the contractor with any relevant information about the site (e.g., asbestos surveys, existing hazards). Case Studies: When Safety Was Overlooked Unsecured Front Garden: A London homeowner started a front extension without hoarding. Local children wandered in and damaged materials, leading to a council inspection and two weeks’ delay. Open Cellar Drop: In Harrow, a basement staircase opening was left uncovered. A delivery driver fell in, breaking his leg. The homeowner’s insurance only partially covered the claim. Dust Issue: A Middlesex extension lacked dust barriers. Cutting concrete indoors triggered an asthma attack in a child, halting the project until dust control measures were installed. Driveway Hazard: In Watford, a loose scaffold plank fell onto a neighbour’s car during high winds. The builder’s insurance paid for repairs, but the homeowner faced weeks of disruption. Each of these could have been avoided with basic safety measures in place from the start. Take Control of Safety from Day One Your home improvement project should bring you joy - not stress or legal problems. Putting safety first protects your investment, your family, and your peace of mind. Book a free 20-minute consultation with The Building Guidance Partnership today to ensure your project meets all safety requirements from the start. Sunil K Radia The Building Guidance Partnership Telephone (020) 8076 3110 WhatsApp +44 7507 705376 www.theBGP.co.uk