PLANNING COMPLIANCE
Planning Compliance
Since 1964 all significant development in this country has required Planning Permission, if not exempted. The area of planning and development has become increasingly more stringent and the ongoing changes in planning legislation means that it is ever more difficult to achieve compliance. Planning applications are subject not only to the scrutiny of the Local Authority, but the process also allows for the public in general to be put on notice of any proposed changes to the planning permission in existence or any applications for retention. NZES has extensive knowledge when it comes to the conveyancing of property sales where we can act on both behalf of the purchaser or the vendor for domestic and commercial properties. Our service includes any planning searches that may be required in order to determine if the property being sold is in compliance with the relevant Planning Permission and also to determine if there are any extensions or alterations made to the property which would be considered an exempt development under the relevant Planning Acts.
Planning Searches
There are no current guidelines setting out what a planning search should cover. There can also be confusion as to what a planning search should include. The extent of the search can vary based on the company used and/ or the local authority involved. As such, the results can differ. A routine planning search is relatively simple and limited in the results returned. It is not a replacement for proper due diligence to be completed by suitably qualified professionals. A variety of practical difficulties arise in relation to planning searches. Whilst Planning Authorities are obliged to maintain certain registers, the way these registers are maintained, by the different Local Authorities, varies widely. It can be very difficult to extract information from registers that are handwritten. It is now commonplace for most local authorities to upload new application details to their websites, to encourage online searches. Not all authorities have historic information and only some are uploading historic information to their website. Although the circumstances of each search may require a different approach from time to time.
Planning Compliance Certificate
When you want to sell a property, your solicitor will require you to provide a certificate of compliance with planning permission, often known as ‘Planning Compliance Certificate’. We can review your planning documentation, assess the property on the ground. This will involve comparing the structures on site with maps from the Local Authority and planning regulations, to certify that the structure is in compliance with the planning permission granted for the property.
Our planning enforcement services are sought by those served with or seeking assistance in response to Enforcement Notices and Warning Letters including developers, receivers and restructuring interests, with services such as;
- Expert advice to review, confirm and advise on the alleged planning breaches and provision of practical remedial solutions.
- Professional and formal representations to Local Authorities on planning enforcement matters.
- Professional assistance to legal professions on planning enforcement issues including oral and written planning opinion, interpretation and solutions.
If your property was built after 1st of October 1964 you will have to ensure that we have copies of the Planning Permission. It is also necessary to obtain evidence that the Conditions in the Planning Permission have been complied with. This is done by Declaration from a Surveyor, Engineer or Architect who declares that he has inspected the house and the plans on foot of which the Planning Permission was granted and that the house was built in substantial compliance with the Planning Permission. Building Regulations came in to force on the 1st of June 1992 imposing rigorous standards for construction, extension and renovation works. From this date there is a legal obligation to comply with the Building Regulations in relation to all new buildings, alterations, extensions or changes of use. If you have carried out any work since this date a declaration of compliance or exemption in relation to the building regulations is also required.