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Planning & constraints — explained

Planning permission, building regs, Article 4 directions, conservation areas and listed buildings — what you can and can’t do.

In OfferCheck this is the Planning & Constraints component (15% of the PropertyCheck IQ), sourced from planning.data.gov.uk.

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Questions buyers ask

What's the difference between planning permission and building regs?

Planning = allowed to build; building regs = built safely, evidenced by a completion certificate. You need both.

The extension has no building regs paperwork — problem?

Possibly; options are indemnity (risk cover), regularisation (proper fix), or a Lawful Development Certificate.

Can the council make me demolish unauthorised work?

Only within the enforcement window (generally 10 years for post-Apr-2024 breaches in England).

What is indemnity insurance for missing consent?

Cheap cover for enforcement risk; it doesn't make the work compliant.

Will nearby development affect my value/view?

Check pending applications nearby; large schemes can affect outlook and parking.

Can I convert to an HMO in an Article 4 area?

Not under permitted development — you'd need planning permission, which may be refused. Check before buying.

Does Article 4 stop me extending?

Only if the direction covers extensions — read its scope; many target HMO use.

What is an Article 4 Direction?

It removes specified permitted-development rights, so certain changes need a planning application.

Can I replace the windows in a conservation area?

Usually only with consent and matching materials (e.g. timber sash, not uPVC).

What can I change in a listed building?

Almost any character-affecting work needs Listed Building Consent; unauthorised works are a criminal offence.

What do Grade I / II* / II mean?

Levels of importance; all need consent for works, with tighter scrutiny for I and II*.

Someone altered the listed building without consent — my problem?

Potentially yes; liability can transfer to a new owner. Get legal advice.