What Is the Difference Between Planning Permission & Building Warrant?

In Scotland, planning permission and building warrants are two separate approvals that are required for different aspects of a building or construction project.

Planning permission is the formal approval required from the local council before undertaking certain types of building or construction projects, based on whether the proposed development complies with the local development plan and national planning policies. Planning permission deals with the location, design, and external appearance of the building, and how it will fit in with its surroundings.

A building warrant, on the other hand, is a legal requirement that ensures that the building work meets the appropriate standards for health, safety, and accessibility. It deals with the technical aspects of the building, such as structural integrity, fire safety, and energy efficiency. Building warrants are issued by local authorities and must be obtained before starting any building works.

In short, planning permission is required to make sure that the proposed development is appropriate in terms of design and location, while a building warrant ensures that the building work meets all the appropriate technical standards. Both approvals are mandatory and necessary to legally carry out a construction project in Scotland.

Here at John Webster Architecture, we submit lots of Planning applications and Building warrant applications every month.

What is Planning Permission?

Planning permission in Scotland refers to the formal approval required from the local council before undertaking certain types of building or construction projects. This approval is granted by the council’s planning department and is based on whether the proposed development complies with the local development plan and national planning policies.

Examples of projects that typically require planning permission in Scotland include:

• new builds, including houses and commercial buildings
• large scale extensions and conversions
• change of use of buildings
• some types of outdoor advertising and signs
• certain types of work to listed buildings
• some types of large-scale wind and solar energy systems
• development in conservation areas or on protected land

When applying for planning permission, developers or builders must submit detailed plans, drawings, and information about the proposed development, including its design, materials, and potential impact on the surrounding area. The local council will then consider the application and make a decision on whether to approve or refuse the proposal. It’s worth to note that the process and requirements for obtaining planning permission may vary depending on the type and scale of the development, and it’s always recommended to check with the local council or a planning professional before undertaking any development works.

Why do I need planning permission?

You need planning approval in Scotland because it ensures that the proposed development complies with the local development plan and national planning policies. Planning permission is a legal requirement that helps to manage and regulate the use of land, and to ensure that new development is appropriate in terms of design, location and impact on the surrounding area and community.

By requiring planning permission, the local council can ensure that new developments are:

• safe and accessible for all users
• appropriate for their location
• designed in a way that is sympathetic to the surrounding area
• sustainable and environmentally friendly
• in line with the overall vision and goals of the local development plan

It’s also worth noting that planning permission is necessary to protect the rights of property owners and the wider community, by ensuring that new developments do not negatively impact on existing property values or the quality of life of local residents. Obtaining planning permission also ensures that the development meets the required building standards and regulations.

It’s always recommended to check with the local council or a planning professional before undertaking any development works, as the process and requirements for obtaining planning permission may vary depending on the type and scale of the development.

Listed buildings and Conservation areas

If your house is a listed building and is located in a conservation area, you may need planning permission for any changes or alterations you wish to make. Listed buildings and buildings within conservation areas are considered to be of special architectural or historic interest, and therefore, may be subject to additional planning controls to protect their character and setting.

Listed buildings are protected by law and therefore, any changes or alterations to the exterior or interior of the building, including repairs, may need planning permission and listed building consent. This is a separate application from the standard planning permission.

Buildings in conservation areas are also protected by special planning controls, which are intended to preserve or enhance the character or appearance of the area. Therefore, planning permission may be required for certain types of works, such as exterior changes, new builds, and certain types of extensions.

It’s always recommended to check with the local council or a planning professional before undertaking any development works, as the process and requirements for obtaining planning permission and listed building consent may vary depending on the type and scale of the development and the location of the property.

You can read all about listed building consent here

What is the Cost of a Planning application?

The cost of a planning application in Scotland can vary depending on the type and scale of the development, as well as the local council that is processing the application.

Generally, planning application fees in Scotland are based on the type of development and are determined by the Scottish Government. The fees are intended to cover the costs of processing and determining the application.

For example, the fee for a standard householder planning application is currently £300.

Fees for some specific types of developments such as wind turbines, telecommunications masts and large-scale housing developments may be higher.

It’s also worth noting that, in some cases, there are additional costs associated with a planning application, such as the cost of preparing and submitting plans and drawings, or the cost of hiring a planning consultant or architect to assist with the application process.

It’s always recommended to check with the local council or a planning professional for specific costs and requirements for your planning application.

At John webster Architecture most of our projects require a Householder Planning application

A householder planning application in Scotland is a type of planning application that is used for small-scale developments to a house such as building an extension, porch, conservatory, garage, or outbuilding. This type of application is used when the proposed development is not considered to be of a larger scale and does not require a full planning application.

How long does Planning application take to process?

The length of time it takes for a planning application to be processed in Scotland can vary depending on the local council and the specific details of the proposed development.

According to the Scottish Government’s guidance, the local council should aim to determine planning applications within 8 weeks of the date of validation. However, this time frame can be longer for more complex or controversial applications, or if additional information is required from the applicant.

It’s worth noting that the time frame for processing a planning application can be affected by a number of factors such as the complexity of the proposal, the quality of the application, the level of public interest, and the workload of the local council.

It’s always recommended to check with the local council or a planning professional for the most up-to-date information about the time frame for processing a planning application and any potential delays. It’s also important to note that there may be additional time required for any appeals or revisions to the decision.

What can I Build Without Planning Permission?

In Scotland, permitted development refers to the types of building and construction projects that do not require planning permission from the local council. These types of development are considered to be “permitted” under Scottish planning law, as they are considered to have minimal impact on the local area and do not contravene any planning regulations.

Examples of permitted development in Scotland include:

• certain types of extensions, conservatories, and porches on homes
• small scale wind and solar energy systems
• some types of agricultural and forestry buildings
• some changes of use of buildings
• certain types of internal and external alterations to buildings
• certain types of work to listed buildings

It’s worth noting that Permitted Development rights may be subject to different restrictions and conditions, such as the need to comply with building regulations, and they may also be restricted by specific local policies and/or conservation areas. It’s always recommended to check with the local council or a planning professional before undertaking any development works.

If (in our opinion) your project does not require planning approval we would advise that you obtain a ‘Certificate of Lawfulness’

A certificate of lawfulness in Scotland is a document issued by a local council that confirms that a particular use, operation, or activity on a piece of land or in a building is lawful, and does not require planning permission.

Below illustrates the system that we follow, depending on what our experience tells us.

Do I need both planning & a building warrant?

Whether you require planning permission and a building warrant for your project will depend on the specific details of your project, such as the type and scale of the development, and the location of the property.

Planning permission is a legal requirement that ensures that the proposed development complies with the local development plan and national planning policies. It deals with the location, design, and external appearance of the building, and how it will fit in with its surroundings. A building warrant, on the other hand, is a legal requirement that ensures that the building work meets the appropriate standards for health, safety, and accessibility. It deals with the technical aspects of the building, such as structural integrity, fire safety, and energy efficiency.

It is possible that your project may require both planning permission and a building warrant, or just one of them. For example, if you are planning to build a new house or a large extension, you would need both planning permission and a building warrant. However, if you are planning to carry out internal alterations to your home, you may only need a building warrant.

It’s always recommended to check with your local council or a planning professional before undertaking any development works, as the process and requirements for obtaining planning permission and building warrant may vary depending on the type and scale of the development and the location of the property.

A house extension

A single-story house extension of approx 30m2 on a 3-bedroom semi-detached house, this project required both planning permission and a building warrant, this is the case with almost all extensions.

Loft Conversion

Below is an example of a loft conversion project that did not require planning permission, only a building warrant was required (we initially contacted the planning authority to inquire whether planning would be required, and they replied in writing to state that in their opinion no planning was required)

It is unusual for a house extension to be exempt from planning permission, generally, a new extension will require both planning permission and a building warrant, a loft conversion may only need a building warrant and be exempt from planning (as we have shown in the 2 examples above)

Why is this the case?

A loft conversion won’t require planning if you are not altering the roofline or the shape of the roof, if you are adding a dormer window or a balcony then planning will be required and it is no longer exempt, so think of it like this: if you are working within the confines of the existing building shell you generally won’t need planning permission, if you are altering the shape of the building or constructing something new you will normally need planning approval.

You will need a building warrant whether or not planning is required.

Projects that require a building warrant

Small projects that may require a building warrant in Scotland include:

• Building a new house or a large extension
• Building a new porch, conservatory, or garage
• Installing a new roof or windows
• Converting a loft or basement
• Adding a new bathroom or kitchen
• Building a new outbuilding or shed
• Installing a new heating system
• Adding new electrical or plumbing work
• Any structural changes to the building

It’s worth noting that even small projects may have an impact on the safety, energy efficiency, and accessibility of a building and therefore may require a building warrant. It’s always recommended to check with the local council or a planning professional before undertaking any development works, as the process and requirements for obtaining building warrant may vary depending on the type and scale of the development and the location of the property.

What can I do without a building warrant?

Small projects that may not require a building warrant in Scotland include:

• Decorating, including painting, papering, and tiling
• Laying a new floor
• Fitting new carpets or floor coverings
• Replacing internal doors or skirting boards
• Installing new light fixtures or switches
• Replacing kitchen worktops or cupboard fronts
• Installing new bathroom fixtures and fittings
• Installing new built-in furniture such as wardrobes or bookcases
• Installing new appliances such as ovens or dishwashers

It’s worth noting that even if a building warrant is not required for a specific small project, it still may require to comply with other regulations such as building regulations and planning policies. It’s always recommended to check with the local council or a planning professional before undertaking any development works, as the process and requirements may vary depending on the type and scale of the development and the location of the property.

What is a building warrant?

A building warrant in Scotland is a legal document issued by a local council that authorizes the start of building works on a specific property. It is a legal requirement in Scotland that ensures that the building work meets the appropriate standards for health, safety, and accessibility. Building Standards set out the technical standards that building works must meet and building warrants are issued by local authorities to confirm that the proposed building works will comply with these standards.

Before starting any building works, you will need to submit an application for a building warrant to the local council, which will then assess the plans and specifications for the proposed works. Once the building warrant is granted, it allows the building works to commence. Building Warrant applications should be submitted by a professional such as an architect or engineer, who will be responsible for ensuring that the proposed works meet the relevant building standards.

A building warrant is valid for 3 years from the date of issue, after which time the work must be completed, or a further building warrant application may be required. Additionally, the Building Standards (Scotland) Regulations 1990 require the person responsible for the building works to appoint a warrant holder, who is responsible for ensuring that the works comply with the approved plans and Building Standards.

It’s important to note that Building Warrant is different from Planning Permission and both approvals may be required depending on

Why do I need a building warrant?

You need a building warrant in Scotland because it is a legal requirement that ensures that the building work meets the appropriate standards for health, safety, and accessibility. Building Standards set out the technical standards that building works must meet, and building warrants are issued by local authorities to confirm that the proposed building works will comply with these standards.

A building warrant is necessary to ensure that the building is safe and habitable for the occupants and that it meets the regulations for energy efficiency, fire safety, and accessibility. Additionally, a building warrant is also important for ensuring that the building will be structurally sound and that it meets the standards for drainage, ventilation, and other systems.

Having a building warrant also provides legal protection for the property owner, as it ensures that the building work has been approved and meets the required standards. It also ensures that the building work is in compliance with the building regulations, which are there to protect the rights of property owners, the wider community, and the environment.

It’s important to note that a building warrant is different from planning permission and both approvals may be required depending on the type and scale of the development, and the location of the property.

What is the Cost of a Building Warrant application?

The cost of a building warrant application in Scotland can vary depending on the local council and the specific details of the proposed work.

Generally, building warrant application fees in Scotland are based on the value of the building works, and are determined by the Scottish Government. The fees are intended to cover the costs of processing and determining the application.

The cost of building warrant application is calculated on the basis of the value of the works and it is divided into two main categories:

• For building works with a value of £5,000 or less, the fee is £150
• For building works with a value of over £5,000, the fee is £150 plus (the fee is related to the cost of the building work)

The value of the building works is determined by the cost of the materials and labor required to complete the project. This value is estimated by the applicant (usually an architect, engineer, or builder) and is included in the building warrant application. The value is used to calculate the fee for the building warrant application and can be subject to change if the cost of the building works changes during the project.

It’s worth noting that this cost may be subject to change and it’s always recommended to check with the local council or a building standards professional for the most up-to-date information and any additional costs that may be required. Also, some councils may have different fee structures or additional costs for certain areas, such as conservation areas. Additionally, It’s worth noting that there may be additional costs associated with a building warrant application, such as the cost of preparing and submitting plans and drawings, or the cost of hiring a architect or engineer to assist with the application process.

Who processes a Building Warrant application?

The Building Standards department is a department within a local council that is responsible for enforcing Building Standards regulations in a specific area. The Building Standards department is responsible for ensuring that new buildings and building works comply with the relevant technical standards for safety, energy efficiency, and accessibility.

The Building Standards department reviews building warrant applications and inspects building works to ensure compliance with Building Standards. They also issue building warrants, which authorize the start of building works and monitor compliance with the Building Standards during the construction process. They also provide technical advice and guidance on building standards regulations and assist with the resolution of any issues or complaints related to building works.

The Building Standards department works in close collaboration with other departments such as Planning and Development, Environmental Health, and Fire Safety, to ensure that new buildings and building works comply with all relevant regulations and standards.

It’s important to note that Building Standards departments can also be known as Building Control, Building Inspections, or Building Standards and Safety, depending on the specific council.

The main points again

By now you will probably know the differences between planning permission and a building warrant, just in case:

The planning department is mostly dealing with the external look of the building, the size and scale of the building, and how it will look in its environment.

They don’t really care how the rooms are carved up inside the building.

Building standards deal with all the technical aspects of the project, including insulation, and fire resistance to name a few.

They are all about compliance with building regulations.

So there you have it, now the difference is clear between what the planners and building standards do.

Book a call with me

or email me at john@jwarch.co.uk

On this call, you will speak directly with me about your project.

How will you benefit? by the end of the call, you will:

• Be Clear about how to progress with your project.
• Know if you Require Planning Permission or a Building Warrant.
• How to work out how much your project will cost.