If you discover building work at your property that may not have the necessary approvals, first establish what was done and when, then check planning and building-control records separately. They are different systems: a planning decision does not prove compliance with building regulations, and a building-control record does not establish planning permission. Contact the relevant local authority before choosing a route, especially if you have received an enforcement notice or have a safety concern.
Start by identifying the work and preserving the facts
Make a dated record of what appears to have been altered, when the work may have taken place, who carried it out and what paperwork you can find. This is useful whether you are speaking to the council, a professional adviser or a future buyer; it does not by itself establish that the work is unlawful.
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- Photograph the work and keep any older photographs that show the property before it was altered.
- Gather plans, contracts, invoices, specifications, inspection records, completion paperwork and correspondence with the builder or authorities.
- Note what is known, what is estimated and the basis for any estimated completion date. Avoid presenting an estimate as a confirmed fact.
- Do not cover up or alter potentially relevant work before seeking advice, particularly where a building-control inspection may be needed. If there is an immediate risk, prioritise safety and contact an appropriate professional or emergency service.
Then identify the property’s country and local authority, the type of building and any special status you know about, such as listed-building status. Planning rules and processes are not identical across the UK; the planning guidance linked below is for England. Ask the authority which rules and procedure apply to your location and circumstances.
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Check planning and building regulations as separate questions
| Question | What it concerns | Who to contact |
|---|---|---|
| Was planning permission needed, or does the work have another lawful planning basis? | Whether the development is acceptable in planning terms, falls outside development, or is covered by permitted development rights or another applicable route. | The local planning authority (LPA). |
| Was building-regulations approval required, and is there evidence of compliance? | Technical requirements for building work, such as structural or specified services-related requirements. | The responsible building-control body. |
Ask the LPA to check the planning history, including applications, conditions, any enforcement case and restrictions on permitted development rights. Separately ask the building-control body whether an application, inspection record or completion certificate exists. A gap in one record does not answer the other question.
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When making these enquiries, describe the work and its approximate date as clearly as you can, and ask whether the authority can identify a relevant application, decision, condition or inspection record. If you do not know the date, say so and provide the evidence you have. A missing record is a reason to investigate, not proof on its own that the work was unlawful or technically defective. Authorities and qualified professionals need the facts of the particular work to determine what applies.
GOV.UK lists examples of work that may require building-regulations approval, including extensions, structural alterations, certain electrical or plumbing work, replacement windows and doors, and heating work. The list is not exhaustive, so check the specific work rather than relying on an example alone. Building regulations address technical standards; planning considers development and land use. GOV.UK: Building regulations approval.
Do not assume that visible work needed planning permission
Some work is not development for planning purposes; some development is allowed under permitted development rights, subject to conditions and limits. The appearance of an extension or alteration is not enough to determine its status. Conversely, permitted development rights may have been restricted or withdrawn for the property, and a separate consent or prior approval may still be necessary.
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Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →In England, national planning guidance says interior alterations generally do not amount to development, with a specified exception concerning a large retail mezzanine. Operations that do not materially affect a building’s external appearance may also fall outside development. These principles do not settle every case: the exact work and relevant circumstances matter. Check for conditions on earlier permissions and any applicable Article 4 direction, which can restrict permitted development rights. See the planning enforcement and post-permission guidance.
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If the planning status is uncertain, ask the LPA whether a lawful development certificate is appropriate. It provides a formal, legally binding decision on the lawfulness of the proposed or existing use or development. It is not a substitute for building-regulations approval or for any other consent that may apply.
If planning permission may have been required
Contact the LPA and ask what process applies before submitting anything. The authority may invite a retrospective planning application under section 73A of the Town and Country Planning Act 1990, including through an enforcement warning notice. An invitation is not a promise of approval: the application is considered on its merits in the normal way. As the government guidance puts it, “although a local planning authority may invite an application, it cannot be assumed that permission will be granted.”
The guidance also says that a person who has undertaken unauthorised development has one opportunity to obtain planning permission after the event: by making a retrospective application or by making a ground (a) appeal against an enforcement notice. Procedural timing matters. An LPA can decline to determine a retrospective application if an enforcement notice has previously been issued, and the rules governing a later notice and an application are specific. If a notice has been issued, or one appears likely, get case-specific planning advice before taking action. Read the current government enforcement guidance and consult the LPA.
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An LPA does not have to issue an enforcement notice in every case. Its decision is discretionary: it considers whether there appears to be a breach and whether enforcement is expedient, taking account of the development plan and other material considerations. A notice may require changes to be undone or other steps to be taken. Ignoring a planning enforcement notice is illegal, and failure to comply can bring further consequences. Check the notice itself for what it requires and the relevant deadlines; do not treat it as routine correspondence. The government explains the process at GOV.UK: Ensuring effective enforcement.
If building-regulations approval or records are missing
Ask the responsible building-control body whether the work required approval, whether an application or inspection record exists, and which route is available now. For qualifying unauthorised work, regulation 18 of the Building Regulations 2010 provides a local-authority regularisation application route for work carried out on or after 11 November 1985. This is not an automatic certificate for older work or a guarantee that completed work will pass.
The application describes the unauthorised work and, so far as reasonably practicable, includes plans of it and any additional work needed to meet the applicable requirements. The local authority may require reasonable steps to establish what is needed. These can include laying open concealed work for inspection, carrying out tests or providing samples. Remedial work may be necessary before a certificate can be issued. The applicable technical requirements are those that applied when the work was done, so establishing the date can be important. Confirm the correct route with the building-control body and consult the statutory text at Building Regulations 2010, regulation 18.
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GOV.UK warns that a person responsible for non-compliant building work could be prosecuted and fined, and the authority may require faulty work to be fixed. Missing compliance certificates can also be relevant when selling a home. Do not assume that an old building-control record, a builder’s assurance or planning approval proves technical compliance; ask what evidence the authority holds and what it needs to assess the work.
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When you speak to the authority or an adviser, have the available dates and documents ready. These factors can change the procedure, the evidence needed and the urgency:
- Location and status: country, local authority, listed status and any other designation or restriction that may apply.
- Type and extent of work: what was built or changed, whether it affects the exterior, structure or services, and whether the work is complete or ongoing.
- Age and evidence: the best-supported completion date and any plans, invoices, photographs or inspection documents.
- Authority action: whether the council has contacted you, started an enforcement case or issued a notice, and any deadlines stated in that notice.
- Technical access: whether concealed work may need to be opened, tested or repaired for building-control assessment.
- Practical consequences: a safety concern, planned sale or lending process, or restrictions in a lease or title that may need separate advice.
These are useful comparison points when deciding whom to call first: an uncertain planning status points to the LPA; missing technical approval or inspection evidence points to building control; a notice or deadline raises the urgency; and a possible safety issue calls for prompt technical attention. Some cases involve more than one of these issues, so asking one authority does not replace checking with the other.
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Scan for outdated or missing drivers - takes under a minuteDriver Scan →Repair Windows errors before they cause bigger problemsFix Now →The LPA is the first contact for planning questions. For a disputed planning status or a retrospective application, a qualified planning consultant may help interpret the rules and prepare a case. For technical assessment of completed work, ask the building-control body whether inspection is needed and consider a suitably qualified building surveyor or structural engineer. The appropriate professional depends on the work; no single inspection or application resolves every approval issue.
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Common mistakes to avoid
- Treating planning and building control as interchangeable. Check both records and both approval questions independently.
- Assuming an approval can be obtained after the fact. Retrospective planning permission is decided normally, and the authority can refuse it. Building-control regularisation may require inspection, exposure of concealed work or remedial work.
- Relying only on the current appearance. Work that looks substantial may not require planning permission, while apparently minor work can still raise planning or technical requirements. The work, location and applicable restrictions determine the answer.
- Ignoring a notice or its deadlines. Enforcement notices have legal consequences and can affect what options remain. Obtain prompt advice if one has been served.
- Assuming a missing certificate proves a breach—or that a builder’s paperwork settles it. Ask the relevant authority what records exist and what evidence it will accept.
Frequently Asked Questions
Does planning permission prove that building work complies with building regulations?
No. Planning permission addresses whether development is acceptable in planning terms. Building regulations address technical requirements. Check the planning history and building-control record separately.
Can I get planning permission after the work has been done?
You may be able to make a retrospective planning application, but the LPA considers it on its merits and is not obliged to approve it. The guidance describes one opportunity to seek permission after the event, through a retrospective application or a ground (a) appeal against an enforcement notice. An existing or later notice can affect the procedure, so ask the LPA and get advice promptly if a notice is involved.
What is a building-regulations regularisation certificate?
For qualifying unauthorised work carried out on or after 11 November 1985, regulation 18 provides a local-authority application route to regularise the work. The authority may require concealed work to be laid open, tests or samples, and remedial work before it can issue a certificate. It is not automatic.
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What should I do if the council has sent an enforcement notice?
Read the notice carefully, note what it requires and any deadlines, and seek case-specific planning advice promptly. Ignoring a planning enforcement notice is illegal, and the notice may affect which route remains available.
Does missing paperwork mean the work was unauthorized?
Not necessarily. A missing certificate or application record is a reason to check with the relevant authority, but it does not by itself establish whether planning permission was needed or whether technical requirements were met. The work, location, date and other circumstances matter.
The Bottom Line
Record what was done and when, then check planning and building-control records independently. Ask the relevant authority which process applies before applying or altering concealed work. Retrospective permission is not guaranteed, and building-control regularisation may require opening-up, testing or repairs. Treat any enforcement notice, deadline or safety concern as urgent.
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