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Declaratory relief of planning decisions

Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...

Grounds of appeal—introducing new evidence

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Planning conditions—the six tests

Planning conditions—the six tests

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Section 215 notice requiring maintenance of land

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...

Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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9th Nov
Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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9th Nov
Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
tag iconBrexit
Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...
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9th Nov
Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...
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9th Nov
Practice notes

Keeping planning permission alive

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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9th Nov
Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
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Produced in partnership with Laura Bolado 9th Nov
tag iconBrexit
Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...
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9th Nov
Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...
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9th Nov
Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...
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9th Nov
Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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Produced in partnership with Stephen Morgan of Landmark Chambers 9th Nov

Most recent Buildings and building regulations content

Practice notes

Energy performance certificates (EPCs)—what are they and when are they required?

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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25th Nov
Practice notes

Housing—Optional Technical Standards

What are the optional technical housing standards?In March 2015, following consultation on accessible design standards, the government issued policy...
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24th Nov
Practice notes

Fire safety developments following the Grenfell Tower fire

This Practice Note sets out key developments in relation to fire safety following the Grenfell Tower fire on 14 June 2017. Among other things, it...
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18th Nov
Practice notes

Obtaining building regulations approval

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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16th Nov
Practice notes

Building regulations—enforcement

The Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984). They impose a set of minimum...
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5th Nov
Practice notes

Energy performance certificates (EPCs)—energy assessor accreditation and energy assessments

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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8th Oct
Practice notes

Display energy certificates (DECs)—what are they and when are they required?

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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8th Oct
Practice notes

Energy efficiency—Part L of the Building Regulations

Updated in partnership with WSPLegislative backgroundThe Building Regulations 2010 (Building Regulations 2010), SI 2010/2214 set out the basis of...
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30th Sep
Practice notes

BREEAM key requirements

What is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating and certifying the...
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Produced in partnership with Author of the WSP Group 30th Sep
Practice notes

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...
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29th Sep
Q&As

How long does the aggrieved have to appeal the decision of a magistrates’ court decision regarding a section 215 of the Town and Country Planning Act 1990 notice?

The purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take steps to...
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29th Sep
Q&As

Are approved inspectors for domestic building work required to carry out any statutory inspections, or do they have complete discretion in terms of the frequency and nature of inspections? Is there any particular point at which a project must be referred to the relevant local authority for enforcement against breach of building control?

The Building (Approved Inspectors etc) Regulations 2010 (the 2010 Regulations), SI 2010/2215, Pt 2 empowers the Secretary of State to designate...
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29th Sep
Q&As

If a replacement front door has less than 50% glazing, does it require approval under a competent person scheme?

Regulation 12(6) of the Building Regulations 2010 (the 2010 Regulations), SI 2010/2214 (SI 2010/2214, reg 12(6)) states that 'a person intending to...
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29th Sep
Q&As

A taller building has been built beside a shorter building. The surface water runoff from the higher building is causing flooding or maintenance problems for the shorter building. Are there are requirements that should have been taken into account when the taller building was built?

Subject to exemptions, building work is required to be carried out in compliance with the applicable requirements in the Building Regulations 2010, SI...
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29th Sep
Q&As

Once building regulations consent has been granted does it last indefinitely?

There are two ways of obtaining building regulations approval, being a full plans application or the submission of a building notice. How long a...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Sep
Q&As

What are the implications of Brexit regarding Building Regulations 2010, SI 2010/2214?

To date, no Brexit statutory instrument (Brexit SI) has been made in respect of the Building Regulations 2010 (the Building Regulations), SI...
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29th Sep
tag iconBrexit
Q&As

Is Building Regulations approval required to replace or repair a chimney?

Building Regulations 2010, SI 2010/2214, set out requirements for the construction of chimneys and flues and are supported by Approved Document J...
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29th Sep
Q&As

Do the directors and shareholders of a dormant private limited company limited by shares have any personal liability if part of a property owned by the company falls off and injures a pedestrian?

This Q&A raises two issues, first, to what extent shareholders and directors can be personally liable for the liabilities incurred by a corporate...
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29th Sep
Q&As

Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a dangerous building/structure. Is there a similar offence for which a person can be prosecuted under the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) for not complying with a court order made under LBA(A)A 1939, s 64? Is there a time limit to making the application to court following service of a notice under LBA(A)A 1939, s 62 or is it a continuing offence?

A person who does not comply with a court order made under section 64 of the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) can be...
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Produced in partnership with David Nicholls of Landmark Chambers 29th Sep
Q&As

Is there any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches?

The local authority for the relevant area has a duty to enforce compliance with the building regulations. Where works have been carried out on a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Sep

Popular documents

LEXISNEXIS

Common financial covenants

This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:

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Notaries and notarisation—notarisation

The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is

LEXISNEXIS

Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:

LEXISNEXIS

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border