Two different approvals
It helps to separate the two kinds of approval, because the fixes are different.
| Planning permission | Building regulations approval | |
|---|---|---|
| What it covers | Whether the work is allowed: use, size, appearance | Whether the work is built safely: structure, fire, insulation, drainage |
| Who deals with it | The council's planning department | Council building control or an approved inspector |
| Typical examples | Extensions beyond permitted development, change of use, new homes | Removing load-bearing walls, loft conversions, new windows, electrics, extensions |
Your options for missing building regulations sign-off
- Find the paperwork. Check with the council's building control team; a completion certificate may exist but have been lost.
- Apply for regularisation. Councils can issue a regularisation certificate for work done without approval. Inspectors may need to open up floors, walls or ceilings to check it, and you may have to put things right.
- Offer an indemnity policy. A one-off insurance policy that covers the buyer if the council takes action. It doesn't make the work safe, and you usually can't take it out if you've already contacted the council about the work.
- Sell as it is to a buyer who accepts the risk.
If you think the work may be unsafe, for example a wall removed without proper support, get it checked. An indemnity policy is not a substitute for a safe house.
Missing planning permission
For missing planning permission you can apply for retrospective planning permission, or for a certificate of lawfulness if the work has been in place long enough to be immune from enforcement. In England the time limits changed on 25 April 2024: for building work substantially completed on or after that date, the council has 10 years to take enforcement action; work completed before it is generally subject to the old four-year limit. Government guidance on enforcement sets out the details.
Which route to choose
| Situation | Usually sensible |
|---|---|
| Old, solid work, no safety concerns | Indemnity policy, or lawful development certificate for planning |
| Recent work, or the buyer's lender insists | Regularisation or retrospective application |
| Work that may be unsafe | Get it inspected and put right, or sell to a buyer who will |
| Several issues, or no time | Sell as it is to a cash buyer |
Being open with buyers
The property information forms ask about building work and approvals. Tell your solicitor early and gather what you have: dates, invoices, builders' details, any correspondence with the council. Surprises late in a sale are what cause price drops and collapsed deals.
Common examples we see
- Loft conversions finished without building control sign-off.
- Removed internal walls, especially between kitchen and dining room, without structural calculations.
- Garage conversions into living space.
- Rear extensions built under permitted development but never signed off for building regulations.
- Replacement windows and electrics without the relevant certificates.
Some of these only need a missing certificate tracking down. Others need inspection and possibly remedial work. Your solicitor will ask for whatever paperwork you have, so gather it early.
Planning and building control are separate
It's common to have one without the other. An extension may have been allowed under permitted development, so no planning application was needed, but still required building regulations approval. Or the building work may have been signed off while a change of use needed planning permission. Check both.
GOV.UK explains when building regulations approval is needed and what can happen if work goes ahead without it, including the effect on certificates you may need when selling.
Source: Building regulations approval (GOV.UK)
Talk to your solicitor before contacting the council about old work if you're thinking of using an indemnity policy: many policies can't be taken out once the council has been approached.
Enforcement time limits in more detail
| Breach | Completed before 25 April 2024 | Completed on or after 25 April 2024 |
|---|---|---|
| Building or engineering works without permission | Generally 4 years from substantial completion | 10 years |
| Change of use to a single home | Generally 4 years | 10 years |
| Other breaches, including breach of conditions | 10 years | 10 years |
There are exceptions, such as deliberate concealment, and different rules for listed buildings. Government guidance sets out the detail.
Certificates of lawfulness
If work has been in place long enough to be immune from enforcement, you can apply to the council for a lawful development certificate. You'll need evidence, such as dated photographs, invoices, council tax records or statements, showing when the work was finished. A certificate gives buyers and lenders certainty, but it takes time, so start early if you're planning to sell.
For building regulations, the equivalent is regularisation, where the council inspects the work and, if it complies or is put right, issues a certificate.
What to do next
If your house has unauthorised work and you'd rather not spend months sorting the paperwork, we can buy it as it stands, with our own funds, and deal with the approvals ourselves afterwards. Read about selling a property that needs work, or selling a house with subsidence or structural problems.
