Planning permission is often spoken about as though it’s a simple yes or no; either the council approved it or they didn’t.
The reality is more nuanced. Most planning permissions come attached with conditions, and those conditions can be just as important as the permission itself. For buyers, understanding what conditions exist on a property – and whether they’ve been complied with – is an essential part of due diligence.
Here’s what you need to know, in just a five minute read:
What is a planning condition?
When a local planning authority grants permission for development, it frequently does so subject to conditions. These are requirements that must be met either before work starts, during construction, or after completion. They’re a standard tool of the planning system, used to make development acceptable in circumstances where an outright refusal would be difficult to justify but an unconditional approval would be inappropriate.
Conditions are attached to the planning permission itself – not to the applicant. That means they travel with the land. A buyer purchasing a property that was built, extended or altered subject to planning conditions inherits whatever obligations or restrictions those conditions created.
What kinds of conditions are commonly attached?
Planning conditions vary widely depending on the nature of the development and the concerns of the local planning authority. Common examples include:
- Pre -commencement conditions – requiring specific details to be agreed with the council before any work begins, such as materials, drainage schemes or construction management plans
- Occupancy restrictions – limiting who can live in a property, for example agricultural worker dwellings that must be occupied by someone employed in agriculture
- Use restrictions – preventing a property or part of it from being used for certain purposes, such as prohibiting a garage from being converted into habitable accommodation
- Landscaping and boundary conditions – requiring specific planting, screening or boundary treatments to be installed and maintained
- Parking and access conditions – specifying how many parking spaces must be provided, or requiring that access arrangements are maintained in a particular way
- Hours of operation – relevant where a planning permission relates to a mixed -use or commercial element of a property
- Permitted development restrictions – removing the automatic planning rights that would ordinarily apply, requiring a full application for works that would otherwise not need one
Why do conditions matter for buyers?
A condition that hasn’t been complied with is a planning breach – even if the original applicant is long gone and the buyer had nothing to do with it. Local planning authorities have enforcement powers that can be exercised against the current owner of land, regardless of who carried out the original works.
Equally, a condition that restricts what the buyer can do with the property after purchase can significantly affect its value and usefulness. A buyer who plans to run a business from home, convert a garage, or extend a property may find that a condition attached to the original permission prevents exactly that – or requires a fresh application to the council.
How are planning conditions identified?
The planning history of a property – including any conditions attached to permissions – should be disclosed through the CON29 Required search and through the seller’s property information form. Planning decisions, including their conditions, are also publicly available on the local planning authority’s online register.
A conveyancer reviewing a property with a recent planning history should check not just whether permission was granted, but what conditions were attached and whether evidence of compliance exists. For conditions requiring pre -commencement approval of details, a discharge of conditions notice from the council provides the necessary confirmation.
What if a condition hasn’t been complied with?
Where a condition breach is identified, the conveyancer will need to assess the risk. Some breaches are historic and unlikely to attract enforcement action – local authorities generally have a ten -year window to enforce against breaches relating to the use of a building, and four years for operational development. Others may be more recent and carry genuine enforcement risk.
In cases where the breach is identified but the risk is considered manageable, a planning indemnity policy can provide protection. These policies are widely available and can be arranged relatively quickly, though they don’t resolve the underlying breach – they simply insure against its financial consequences.
Planning conditions are a routine part of how the planning system works – but routine doesn’t mean unimportant. A condition that hasn’t been discharged, or one that restricts what a buyer can do with their new home, is exactly the kind of issue that should surface before exchange rather than after. It’s one of many reasons why a thorough review of planning history is never wasted time.
