Last edited 08 Jan 2018

Legislative framework for building design and construction

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[edit] Town and country planning


  • 'Carrying out of building operations, engineering operations, mining operations, or other operations in, on, over or under land or the making of any material changing the use of the buildings or other land' Section 55 (1), Town and Country Planning Act 1990
  • Requires planning permission either:
  1. Full Planning: Section 62, Town and Country Planning Act 1990
  2. Outline planning: Section 92, Town and Country Planning Act 1990

Local Plan (Local Development Framework LDF):

NPPF 2012:

  1. Economic role
  2. Social role
  3. Environmental role

Planning history:

Community Infrastructure Levy (CIL)

Conservation Area (CA):

Listed building:

Scheduled monument:

Sustainability and Health and safety

Flood risk:



Green belt:

  • NPPF Section 9 protects this.
  • Key part of the National Public Policy to prevent urban sprawl.
  • Consult: LDF+ LA to establish if land is green belt.



Party Walls:

  • Prior to works, must give notice to adjoining neighbours of intention to build on boundary line/within 6 meters of it.
  • Act provides mechanism for resolving disputes.
  • Consult: Adjoining Owners
  • Legislation: Party Wall Act 1996

[edit] Land law


  • Need to establish boundaries of ownership before any work on site
  • Consult: LA, Land Registry, Client.


Restrictive covenants:

  • Restrictions to the future development such as: land to remain open space/ prevent development/ prevent business use?
  • Consult: Land registry if registered, or Land Charges Registry if not.


  • Annually renewed right of use by apparatus over or under someone else’s land for which payment is made.

Tree preservation order (TPO):

  • May apply to trees on site.
  • Its an offence to cut down, uproot or destroy tree with TPO
  • Consult: LA.
  • Legislation: Town and Country Planning (Tree Preservation) regulations 2012.

Fire Safety

Building Control

Party Walls