Last edited 08 Jan 2018

Legislative framework for building design and construction

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[edit] Town and country planning


  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