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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Case Study – Building Without Insurance

by Niket Kapur • 20 March 2026
A homeowner commenced building works on their property without arranging appropriate site insurance. This is not uncommon. There is often an assumption that either the contractor’s insurance will be sufficient, or that an existing household policy will continue to provide cover. In this case, neither applied. Partway through the project, it became clear that there was no valid insurance in place. At that stage, the position became significantly more difficult. Insurers were unwilling to provide cover retrospectively. From their perspective, the risk had already begun without protection, and they were being asked to step into an unknown position. The property was effectively uninsured during an active construction project. We were instructed to review the situation. A structured approach was taken, including: Clearly defining the scope and stage of the works Presenting the risk in a transparent and credible way Engaging directly with specialist insurers Following extensive discussions, we were able to: Secure appropriate site insurance cover Bring the project back within an insurable and protected framework This was not straightforward. It required persistence and a clear understanding of how insurers assess risk. On a construction project, the absence of insurance is not a minor oversight. It is a significant exposure. If you are planning a build, it is worth ensuring that the right cover is in place before work begins. 

Case Study – Council Tax, Planning Delays and Structural Issues

by Niket Kapur • 20 March 2026
A homeowner commenced a significant renovation project with the intention of improving and extending their property. The project did not proceed as expected. There were delays with planning, and during the course of the works, structural issues emerged which required a reassessment of the build. Ultimately, a substantial part of the property had to be demolished mid-project. At this stage, the property was clearly uninhabitable. However, the local authority took a different view. They imposed double council tax on the basis that the property was empty, applying the standard premium used to discourage long-term vacant properties. Representations were made to explain the position. These were rejected. The authority maintained a rigid stance and would not accept that the condition of the property and the nature of the works justified relief. The charges continued to accrue. We were instructed to review the situation. A detailed and structured approach was taken, including assembling the appropriate evidence, reframing the basis of the claim, and engaging with the local authority in a more targeted way. The outcome was clear: Full council tax waiver achieved Over £10,000 recovered for the client Ongoing liability removed This is not an uncommon scenario. Local authorities will often apply standard rules without properly considering the specific circumstances of a construction project. Initial refusals are frequent, but they are not always correct. A properly prepared and presented case can materially change the outcome. Situations like this arise regularly on construction projects. Addressing them correctly can make a significant financial difference. Sunil K Radia The Building Guidance Partnership Telephone (020) 8076 3110 WhatsApp +44 7507 705376 www.theBGP.co.uk

Regulatory Compliance Oversights That Could Sink Your Construction Project

by Niket Kapur • 20 March 2026
Most homeowners focus on design, finishes and cost when undertaking a building project. Very few focus on compliance. That is where serious problems arise. This note sets out the key regulatory and risk areas that are frequently overlooked. These are not minor technicalities. They are issues that can expose you to financial loss, uninsured risk and legal liability. 1. Notifying Your Mortgage Lender If your property is subject to a mortgage, your lender has a legal charge over it. That property is their security. Most mortgage terms require you to notify the lender before carrying out structural works Some lenders require formal consent Failure to notify can place you in breach of your mortgage conditions This is often ignored. It should not be. 2. Insurance During Construction Standard household insurance is usually not valid during major renovation or structural works. Many policies specifically exclude properties under construction Continuing without appropriate cover can leave you completely exposed You should: Notify your existing insurer before works commence Arrange specialist renovation insurance where required Ensure cover includes fire, flood, theft, vandalism and public liability Do not assume you are covered. Check. 3. Contractor Insurance Is Not a Substitute Many homeowners assume the contractor’s insurance will protect them. That assumption is dangerous. You must verify: The level of cover is sufficient for the scale of the project The policy includes public liability, employer’s liability and contract works Cover extends to damage to neighbouring properties Liability includes injury to third parties, including trespassers Do not accept a certificate at face value. Review the detail. 4. VAT: Getting It Wrong Is Expensive VAT treatment in construction is complex but critical. New builds may qualify for 0 percent VAT Properties empty for two years or more may qualify for 5 percent VAT on renovation works Evidence of vacancy is essential and must be properly assembled Failure to structure this correctly can cost many thousands of pounds. 5. Council Tax on Uninhabitable Properties Where a property is genuinely uninhabitable, relief or exemption from council tax may be available. In practice: Applications are often rejected at first instance Local authorities do not always guide applicants through the correct route A structured and informed approach is required to secure the correct outcome We regularly assist clients in securing substantial savings, including backdated recoveries where appropriate. 6. Site Safety and Residual Liability Even when a contractor is in possession of the site, the homeowner can still carry risk. If someone is injured on site, including a passer-by or trespasser, liability may arise Simply appointing a contractor does not remove your exposure You should ensure: Proper site security is in place Risk assessments and method statements are being followed Insurance arrangements align with the actual risks on site This is not theoretical. Claims do arise in these circumstances. Final Thought These issues are rarely considered at the outset, yet they carry real consequences. Getting them right early avoids problems later. Contact us today so that we can review your arrangements.  Sunil K Radia The Building Guidance Partnership Telephone (020) 8076 3110 WhatsApp +44 7507 705376 www.theBGP.co.uk