12 Months Planning Remaining Rule

[Wheelnut]

Hi,

 

Do all lenders have a rule that you must have started the project before you reach the point where you have a year left on your planning permission?

 

I was not aware of this, and it is close to catching us out. A word of warning to others that are near this point.

[James94]

Does planning permission only last five years? I’m not to sure and what actually have to define started?

Regards. James

[James94]

Sorry miss read, I believe planning permission last 3 years. Not sure if lenders require more than 1 year left or not, I’ve not heard of that rule.

 

James.

[Temp]

Consider making a start as that extends the time more or less indefinitely.

 

Sometimes it's enough just to form the entrance, other times they insist on you making a building control application, digging trenches and getting building control to inspect them. 

 

For ultimate safety get a certificate of lawfulness on the grounds work has started.

[Wheelnut]

Hi Temp, thanks for the suggestions. Making the BC application, doing something on the design and getting the BC to inspect and issue the Site Visit report is what I was thinking alright, and pushing hard for.

 

Regarding the certificate of lawfulness, where would you get that and who issues them?

 

Thanks

[Ferdinand]

12 hours ago, James94 said:

Does planning permission only last five years? I’m not to sure and what actually have to define started?

Regards. James

 

It varies by nation, I think.

 

But usually 3 in England though there have been moves to make it 2.

 

You get 3 for Outline, plus 2 for Detailed if you do it in 2 stages in England.

 

Or you start development and lock it in. Which can screw benefits (eg CIL exemption) you are supposed to have in place before you start if you are not careful.

 

[deancatherine09]

We got a mortgage offer with Ecology in January, made the first drawdown in April and permission expired in October. (We have since locked it in).

 

So, not all of them stick to 12m

[Temp]

On 03/11/2021 at 19:59, Wheelnut said:

Regarding the certificate of lawfulness, where would you get that and who issues them?

 

Thanks

 

They are issued by your local planning department. Unlike PP a certificate is determined only on the law. (Eg has or hasn't development started) where as planning permission is a more subjective process.