Could planning permission hold up your house sale? What Yorkshire homeowners need to know

However, as Mark Laird, Head of Property at Morrish Solicitors LLP explains, many homeowners don’t realise is that missing planning permission or building regulations approval can quickly turn a straightforward sale into a stressful and, in some cases, stalled transaction.

At a time when the property market across Yorkshire remains competitive, these issues are becoming an increasingly common sticking point.

“From a legal perspective, one of the first things a buyer will want to see is confirmation that any alterations to a property were carried out properly and with the right approvals in place,” says Laird. “If that paperwork isn’t available, it raises questions, and that can slow everything down.”

Planning permission vs building regulations: what’s the difference?

Although often grouped together, planning permission and building regulations approval serve very different purposes.

Planning permission is the formal consent from the local authority to carry out development or change how a property is used. It looks at the wider impact for example, how an extension might affect neighbours, the appearance of an area, or local infrastructure.

Building regulations, by contrast, relate to how the work is carried out. They ensure that construction meets required safety and quality standards, covering everything from structural integrity to electrical and gas safety.

“Planning permission and building regulations approval are not interchangeable,” explains Laird. “Having one does not mean you automatically have the other, and buyers will usually expect to see evidence of both where they’re required.”

Why missing approvals can cause problems

When a property is marketed for sale, the buyer’s solicitor will carry out detailed checks. This includes reviewing whether the original build and any subsequent alterations such as extensions, structural changes or installations were properly authorised.

If documents cannot be located, or consent was never obtained, the consequences can vary. At best, it may lead to delays while information is gathered. At worst, it could jeopardise the sale altogether.

“A lack of approval can create uncertainty for the buyer,” says Laird. “They may be concerned about the risk of enforcement action or whether the work has been done safely and to a proper standard.”

There are some exceptions. If alterations are more than ten years old, local authorities are generally unable to take enforcement action. In these cases, some buyers may be comfortable proceeding without formal documentation, though this is not guaranteed.

What can sellers do to resolve the issue?

If paperwork is missing, there are several possible routes to resolution — but each comes with its own considerations.

One option is to apply for retrospective approval from the local authority. However, this can be time-consuming and carries a level of risk.

“Retrospective approval isn’t always straightforward,” Laird explains. “There’s no guarantee it will be granted, and if it isn’t, you could face further works or even having to undo the alteration, which can have a significant impact on your sale.”

A more common solution is indemnity insurance. This is a policy taken out to protect the buyer (and their lender) against the risk of enforcement action.

“It’s often the quickest way to keep a transaction moving,” says Mr Laird. “However, it’s not suitable in every case, and some buyers will still want reassurance from a surveyor before proceeding.”

Don’t overlook additional restrictions

Planning and building regulations are not the only considerations. Some properties, particularly listed buildings, are subject to stricter controls, meaning specific consent is required for alterations, regardless of how minor they may seem.

In addition, property deeds can contain restrictive covenants that require permission from a developer or third party before changes are made.

“These additional layers of approval can easily be missed,” warns Laird. “It’s important for homeowners to check not just what they’ve built, but whether they had the right to build it in the first place.”

Preparation is key

For sellers, the message is clear: preparation can make all the difference. Gathering paperwork early, including planning decision notices, building regulations certificates and any self-certification documents for works such as electrical or window installations, can help prevent delays later on.

With more scrutiny than ever in the conveyancing process, ensuring everything is in order could be the difference between a smooth sale and a prolonged negotiation.

“Taking the time to check your documentation before putting your home on the market can save weeks of uncertainty down the line,” concludes Laird. “Buyers want reassurance. If you can provide that from the outset, you’re far more likely to keep your transaction on track.”

Guiding you through your property sale

Morrish Solicitors’ residential property team advises homeowners on all aspects of the conveyancing process, including issues around planning permission, building regulations and missing approvals that can affect a sale. Their services can be provided in-person, over the phone, by email or post. Contact [email protected] or call 033 344 9607. Alternatively, you can make an appointment at one of their offices in Leeds, Bradford, Pudsey or Yeadon.