What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

How Does Planning Permission And Building Regulations Affect Your Conveyancing Transaction?

When you buy or sell a property, it’s important to understand whether any building work carried out is properly approved and compliant. Missing planning permission or building regulations can cause delays, affect mortgage lending and, in some cases, lead to legal or financial issues.

Planning Permission is consent from the Local Authority that allows certain types of building work or changes to a property. This includes things like extensions, larger loft conversions, significant alterations to the exterior of a home, new outbuildings, or changing the use of the property. Some works do not need permission because they fall under Permitted Development, but rules vary depending on the property, its location, and any restrictions in place. If works that needed permission were carried out without it, the Local Authority could take enforcement action, and lenders may be unwilling to lend until the issue is resolved. Most planning breaches now remain open to enforcement for 10 years.

Building Regulations are separate from Planning Permission and ensure that any construction or alteration meets safety and structural standards. These rules cover work such as new windows, electrical installations, boilers, structural changes, drainage and plumbing, as well as extensions and loft conversions. When works comply, the homeowner should receive a Building Regulation Completion Certificate or, for certain installations, certificates from approved bodies like FENSA, NICEIC or GasSafe. Missing documents can raise concerns about safety or quality and may delay a sale if further enquiries are needed.

During the conveyancing process, your conveyancer will ask for copies of any permissions and certificates. They will report any issues to you and, where relevant, to your mortgage lender. If documents are missing, this may cause delays while attempts are made to locate them. Sometimes, indemnity insurance is offered instead. This type of insurance protects against the risk of the Local Authority taking enforcement action, but it does not cover physical defects, poor workmanship, or problems that may arise from unsafe construction. It also cannot be used if the Local Authority has already been contacted about the issue.

Missing paperwork does not necessarily stop a sale, but it must be dealt with carefully. Common examples include extensions-built years ago without certificates, boiler installations with no record of approval, window replacements without FENSA certification or garage conversions done without the required sign‑off. These situations are frequent in residential transactions, and your conveyancer will advise on the safest and most practical way forward.

For buyers, checking these matters ensures the property is legally compliant, protects you from unexpected liabilities and satisfies your mortgage lender’s requirements. For sellers, locating documents early can help avoid delays, though indemnity insurance may still be needed if paperwork has been lost or was never issued.

Your conveyancer’s role is to investigate any planning or building regulation issues, explain any risks and guide you through your options. Their aim is to protect your interests and help your transaction proceed as smoothly as possible.