Application Types

There are various application types and which your project falls under depends on a number of factors including scale, location and the proposals in general to name a few. We have detailed some of the main types of applications to give you some guidance but as part of all our packages we will submit the relevant application so there is no need for you to worry but if you would like any advice prior to purchasing your package then please contact our team who'd be happy to help.

Lawful Development Certificate (LDC)

A Lawful Development Certificate (LDC) is an official legal document from the Local Planning Authority (LPA) proving that specific building works, land use, or activity is lawful and does not require full planning permission. There are two types of Lawful Development Certificate (LDC) that can be applied for, the first being existing use and the other for a proposed use.

A Certificate of Lawfulness for Existing Use proves that a property’s current use, building works or a breach of planning conditions is legally allowed because it has existed long enough to become immune from enforcement action. When submitting this type of application various documents are required as evidence, for example past dated photos, satellite images and building / trade invoices from the works to name a few, all are used to support the application. It is important to note that this is not a retrospective planning permission but instead is an acknowledgement from the Local Planning Authority (LPA) that they have lost the legal right to take action against the works or unauthorised structure.

A Certificate of Lawfulness for Proposed Use ensures that the building works or change of use that you are proposing does not require planning permission and falls under “permitted development”. It is not compulsory to have a Lawful Development Certificate but we always advise customers to obtain one, not only does it verify that the project is exempt from formal permission but can also benefit at a later stage when selling the property. Some examples of applications that may benefit from a Lawful Development Certificate include, loft conversions, outbuildings, porches and extensions but these all need to meet strict regulations, for example overall size restrictions, material usage, proximity to boundaries and height restrictions.

From Local Planning Authority (LPA) validation to formal decision takes 8 weeks (subject to LPA timelines and workloads at the time).

Permitted Development Rights

To get a rough idea of whether your proposals fall within your specific permitted development rights you can check our guideline below but if you are still unsure then please contact our team who can assist.

Single Storey Extensions

Extensions forward of the principal elevation or side elevation of the original house and fronting a highway are not permitted development.
Uses similar building materials to the existing house.
Takes up less than 50% of the size of the land around the original house ("original" being the latest of when the property was built or if it was built before 1948, then as it stood on 1st July 1948).
Proposed width is less than 50% of the width of the original house.
Must not extend beyond the rear wall of the existing house by 3m if an attached house or 4m if detached. (Where not in designated land or a Site of Special Scientific Interest, this limit can be increased to eight metres if a detached house or six metres for any other house but will require an application for prior approval)
Is less than 4m in height (or less than 3m if within 2m of a property boundary).
Has an eaves and ridge height that are no taller than the existing house.

Two Storey Extension

Windows in wall/roof slope of side elevation in additional storeys must be obscure-glazed and non-opening unless the parts which can be opened are more than 1.7 metres above the finished floor level.
Proposed width is less than 50% of the width of the original house.
Takes up less than 50% of the size of the land around the original house ("original" being the latest of when the property was built or if it was built before 1948, then as it stood on 1st July 1948)
Must not extend beyond the rear wall of the existing house by 3m or be within 7m of any boundary opposite the rear wall of the house.
Uses similar building materials to the existing house
Has an eaves and ridge height that are no taller than the existing house (or less than 3m if within 2m of a property boundary).

Garage Conversion

Works are internal only.
Uses similar building materials to the existing house.
Work does not enlarge the building.

Loft Conversion

A volume allowance of 50 cubic metres additional roof space for detached and semi-detached houses and 40 cubic metres additional space for terraced houses.
Uses similar building materials to the existing house.
Must not exceed the height of the existing roof.
Side facing windows must be obscure-glazed and non-opening unless the parts which can be opened are more than 1.7 metres above the finished floor level.
The dormer wall must be set back at least 200mm from the existing wall face.
The roof pitch of the principal part of the dwelling must be the same as the roof pitch of the existing house
Must not alter or include balconies, chimneys, flues or soil vent pipes.

Works that never fall within permitted development rights:

Balconies
Verandas
Raised platforms
Extensions exceeding 50% of the original land around the original house.
Extensions at the front of the house.
Un-obscured side windows above ground floor.
Loft windows that can open when positioned less than 1.7m from the floor.
Two storey side extensions.

Householder Planning Application

Householder Planning Applications provide a simplified process for proposals to alter or enlarge a single house, including works within the boundary/garden. This is commonly used if you are a homeowner wishing to complete work on your home including extensions, outbuildings, loft conversions, boundary walls and external material changes that do not meet permitted development rights.

From Local Planning Authority (LPA) validation to formal decision takes 8 weeks (subject to LPA timelines and workloads at the time).

Retrospective Planning Permission

Retrospective Planning Permission is a formal application for building works or a change of use that has already been completed without prior Local Planning Authority (LPA) consent. Councils treat it like a standard application and approval is not guaranteed which can result in a legal order to demolish or undo the changes but submitting the application gives you the chance to legalise unauthorised works, avoiding enforcement or legal penalties.

Common uses include building an extension without planning permission, changing the use of a building (e.g. from residential to a House of Multiple Occupancy [HMO]) without the necessary consent or converting a loft that is not within "permitted development" rights.

From Local Planning Authority (LPA) validation to formal decision takes 8 - 13 weeks (subject to LPA timelines and workloads at the time).

Prior Approval

Prior Approval is required for certain building works that fall under permitted development rights and allows council to assess specific impacts such as transport, highways, flooding and noise before work begins. Common examples of projects requiring prior approval include larger home extensions (exceeding 4m for detached houses or 3m for all other house up to limits of 8m and 6m respectively).

From Local Planning Authority (LPA) validation to formal decision takes 4 - 8 weeks (subject to LPA timelines and workloads at the time).

Full Planning Application

A Full Planning Application is required when making detailed proposals for developments which are not covered by a householder application or permitted development rights. This is commonly the case for new buildings / developments of any kind and any 'commercial' projects often when the full details of the proposals are known and the development is already considered viable.

From Local Planning Authority (LPA) validation to formal decision takes 8 - 13 weeks depending on the scale of the project (subject to LPA timelines and workloads at the time).

Outline Application

Outline planning applications are used to gain an understanding as to whether the nature of a development is acceptable, this can help ensure feasibility up front without the need for the additional information / documents required as part of a "full planning application". More specific details can then be confirmed at a later stage allowing for planning permission to be granted subject to certain conditions being approved at a later stage before development begins. For example, these conditions could include points such as appearance, access, landscaping and layout.

From Local Planning Authority (LPA) validation to formal decision takes 8 - 13 weeks depending on the scale of the project (subject to LPA timelines and workloads at the time).

Building Regulations Application

After a successful planning application, a building regulations application is almost always required for the works. It is a formal request to your Local Authority (LA) or a private building control body to check and approve your construction plans. It ensures your proposed building work complies with certain regulations, for example meeting strict health, safety, energy, and accessibility standards. You typically need a building regulations application for most building work including extensions, structural alterations and installation of services to name a few. Works that commonly do not require approval include small outbuildings, internal fixtures and routine maintenance, however if you are unsure then please contact our team.

There are two types of application, both require mandatory site inspections at key milestones during the construction project to ensure compliance throughout. In general, after notifying building control within the required timeframes prior to starting the following inspections are required:

Excavation / Foundations (prior to concreting)
Damp Proof Course (DPC)
Drainage
Structural Elements
Insulation & Electrics
Completion / Final Inspection

The two types of building regulations application, a Building Notice and a Full Plans application:

Building Notice is quicker and doesn't require architectural drawings although we would always highly recommend that you do to avoid surprise costs and delays on site. It is designed to enable some types of building work to get under way quickly and is best suited to small projects where reliable relationships between reputable builders, customers and other parties involved are present. You need to be confident that the work will comply with building regulations as you do not have the protection provided by the approval of a 'full plans application' and risk having to correct any work on site if your Local Authority requests changes.

A Full Plans application is a more formal, in-depth submission of detailed drawings and structural calculations to your local council before building work starts. It ensures your project complies with building regulations, offering a "passed" approval notice that provides security and confidence for homeowners and buildings. Unlike a building notice, the full plans approach requires waiting for an approval, but is generally preferred by builders and for complex projects as it provides assurance that work will pass inspections, reducing the risk of expensive changes and delays during the construction works.

It is important to note that when submitting both planning and building regulations applications there are a number of other factors that can affect your application and proposals. Our team have listed some below but if you're unsure if your property or site is affected by these or other potential restrictions then please contact us.

Listed Building – If your property is Listed then permitted development rights do not apply, any alterations both internal and external will require Listed Building Consent. One of the most comprehensive databases to search to check if your property is listed is: https://historicengland.org.uk/listing/the-list/

Conservation Area – A Conservation Area is a designated neighbourhood, village or town centre that is recognised for its special architectural or historic interest. The Local Planning Authority (LPA) designate these areas to protect and enhance their unique character ensuring all new development is sympathetic to its historical environment. If you live in one of these areas your permitted development rights are substantially reduced and face tighter restrictions. To check your property visit https://www.planning.data.gov.uk/map/

Legal and Restrictive Covenants – Depending on your property or site there can be a number of restrictive covenants upon it, for example in most cases new-build properties have their permitted development rights explicitly removed. To find out if this is the case you can review your original conveyancing paperwork or search Local Planning Authority records for the original planning permission and decision notices.

Article 4 Direction - Another reason your proposals could face restrictions is if your property or site falls in an area affected by Article 4 Direction which completely removes permitted development rights for certain works. To check if your site lies within an Article 4 Direction you can check your LPA database as the areas and restrictions vary by area.