TA6: Declaring Building Work Done Without Consent

Discovering that building work on your property was done without the correct consents is one of the most stressful situations a seller can face. Whether you carried out the work yourself without realising approval was needed, or you inherited the problem from a previous owner, the question remains the same: how do you handle this on the TA6 Property Information Form?

The short answer is that you must declare it honestly. But the practical reality is more nuanced. Depending on the type of work, when it was done, and which consents are missing, you have several options for resolving the situation before or during the sale. This guide explains exactly what to do.

What the TA6 asks about building work

Section 6 of the TA6 (4th edition, 2020) deals with alterations, planning and building control. It asks three core questions:

1. Has the property been altered, extended, or had a change of use?
2. If yes, was planning permission obtained (or did the work fall under permitted development)?
3. Was building regulations approval obtained and was a completion certificate issued?

For each piece of work, you are expected to provide supporting documentation: planning decision notices, building regulations completion certificates, FENSA certificates for replacement windows, or confirmation that the work was permitted development. Our guide on the TA6 alterations section covers how to answer these questions in detail.

When work was done without the correct consents, you cannot simply tick "yes" and attach paperwork that does not exist. You need to disclose the position honestly and explain what steps you are taking to resolve it.

Understanding the two types of consent

Before deciding how to handle your situation, it is important to understand which consents are missing, because the solutions differ.

Planning permission

Planning permission controls what you can build, where you can build it, and how it looks. It is administered by your local planning authority (typically the council). Many types of residential building work fall within permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015, meaning no formal planning application is required. However, permitted development rights can be restricted in conservation areas, for listed buildings, for flats, or where an Article 4 direction applies.

If your work required planning permission and none was obtained, you have a planning breach. The local authority can take enforcement action within four years for building operations (extensions, alterations) and ten years for changes of use, measured from the date the work was substantially completed.

Building regulations approval

Building regulations are entirely separate from planning. They control how work is carried out — structural integrity, fire safety, energy efficiency, ventilation, drainage, and electrical safety. Almost all structural building work requires building regulations approval, regardless of whether planning permission was needed.

If building work was done without a building regulations application, the local authority can take enforcement action under Section 36 of the Building Act 1984 within 12 months of the work being completed. After this period, enforcement is no longer possible, but a completion certificate still cannot be issued retrospectively through the normal route. For further detail, see our guide on building regulations sign-off missing.

How to declare unauthorised work on the TA6

When completing the alterations section, you should describe each piece of work and then state clearly which consents were not obtained. Avoid vague language. Be specific about what was done, when it was done, and what approvals are missing.

Here is an example of how to word your answer:

"Single-storey rear extension (approximately 4m x 3m) built in 2015. The work fell within permitted development limits and no planning application was required. No building regulations application was made. We are in the process of applying for a regularisation certificate from [council name]."

Or, if you are using indemnity insurance instead:

"Load-bearing wall removed between kitchen and dining room in approximately 2012 by a previous owner. No building regulations completion certificate has been located. An indemnity insurance policy is being arranged to cover this matter."

The key principle is honesty. As our guide on common TA6 mistakes explains, trying to hide or downplay unauthorised work is one of the most damaging errors a seller can make.

Option 1: Regularisation certificate (building regulations)

If building work was carried out after 11 November 1985 without a building regulations application, you can apply for a regularisation certificate under regulation 18 of the Building Regulations 2010. This is the strongest solution because it confirms the work actually meets the required building standards.

How the process works

1. You submit a regularisation application to your local authority building control department, describing the work that was done.
2. A building control surveyor inspects the work. This may require opening up parts of the structure — floors, ceilings, or walls — to check that structural elements, insulation, fire protection, and other requirements meet the standards that applied at the time the work was done.
3. If the work meets the standards, the local authority issues a regularisation certificate. If it does not, you will need to carry out remedial work before the certificate is issued.

Typical costs and timescales

The main advantage of regularisation is that it provides genuine assurance that the work is safe and compliant. This gives the buyer and their solicitor far greater confidence than indemnity insurance alone. The downside is the time and potential disruption involved, particularly if the inspector needs to open up finished surfaces.

Option 2: Indemnity insurance

Where regularisation is not practical — for example, because the work was done before November 1985, the cost of opening up the structure is disproportionate, or you are under time pressure to complete the sale — your solicitor can arrange an indemnity insurance policy.

These policies typically cost between £50 and £300 as a one-off premium. They cover the buyer (and their mortgage lender) against the financial risk of the local authority taking enforcement action in relation to the unauthorised work.

However, indemnity insurance has important limitations:

• It does not certify that the work was built to the correct standard — it only covers the financial risk of enforcement
• Most policies are invalidated if the local authority is contacted about the work, so you must choose between regularisation and indemnity insurance, not attempt both
• It does not cover the cost of remedial work if the building work turns out to be defective
• Some mortgage lenders may not accept indemnity insurance for significant structural work such as loft conversions or extensions

Despite these limitations, indemnity insurance is widely accepted in conveyancing practice, particularly for older work where the enforcement window has long since closed. Your solicitor will know which providers offer the most appropriate cover for your situation.

Option 3: Retrospective planning consent

If the missing consent is planning permission rather than building regulations, you may be able to apply for retrospective planning permission. Under Section 73A of the Town and Country Planning Act 1990, applications can be made for planning permission for development that has already been carried out. The local authority assesses the application against the same planning policies that would apply to a new application.

There is no guarantee that retrospective permission will be granted. If the work would not have been approved had you applied in advance, it is unlikely to be approved retrospectively. If permission is refused, the local authority could take enforcement action requiring you to reverse the work — although this power is subject to the four-year and ten-year time limits described above.

Lawful development certificate

If the enforcement period has expired (four years for building operations, ten years for changes of use), you can apply for a lawful development certificate (LDC) under Section 191 of the Town and Country Planning Act 1990. An LDC confirms that the development is lawful by virtue of the enforcement period having passed. It provides strong legal protection and is the recommended route for older planning breaches. LDC application fees are half the normal planning application fee, and the process typically takes eight weeks.

What the buyer's solicitor will want to see

When you disclose unauthorised building work on the TA6, the buyer's solicitor will raise enquiries. Understanding what they want to see helps you prepare:

• For missing building regulations: A regularisation certificate, or an indemnity insurance policy covering the lack of building regulations approval
• For missing planning permission: A retrospective planning consent, a lawful development certificate confirming the work is immune from enforcement, or evidence that the work falls within permitted development rights
• For both missing: Both issues need to be addressed separately, as they are different consents
• Supporting evidence: Photographs of the work, structural engineer's reports, electrician's certificates, or any other documentation that demonstrates the quality of the work

Having these documents ready before the buyer's solicitor asks for them can save weeks in the conveyancing timeline. This is exactly the kind of preparation that makes the difference between a sale that proceeds smoothly and one that stalls or collapses. See our property information form tips for more on proactive preparation.

Common types of unauthorised work and how to handle them

Different types of building work require different solutions. Here is a practical overview of the most common scenarios sellers encounter:

Extensions without building regulations

Extensions always require building regulations approval, even if they fall within permitted development for planning purposes. If you have an extension without a completion certificate, applying for a regularisation certificate is the ideal route. The local authority will inspect the structural integrity, foundations, damp-proofing, insulation, and drainage. If the extension was built to a good standard, the process is usually straightforward.

Loft conversions without sign-off

Loft conversions involve significant building regulations requirements: structural calculations for the new floor, fire safety measures (including escape routes, fire doors, and smoke alarms), staircase design, insulation, and electrical work. A loft conversion without building regulations approval is a significant concern for buyers and their lenders. Regularisation is strongly recommended rather than relying on indemnity insurance alone.

Replacement windows without FENSA or building control

Since 1 April 2002, replacement windows and external doors must be installed either by a FENSA-registered installer (who self-certifies compliance) or with building control sign-off. If neither exists, you can apply for a regularisation certificate or arrange indemnity insurance. For windows installed before April 2002, no certification is required.

Removal of internal walls

If a load-bearing wall was removed without building regulations approval, the main concern is whether adequate structural support (typically a steel beam or RSJ) was installed. A structural engineer's report confirming the adequacy of the support can be helpful alongside a regularisation application or indemnity policy.

Electrical work without Part P compliance

Since 2005, most electrical work in England has been notifiable under Part P of the Building Regulations. This includes new circuits, rewiring, and work in bathrooms and kitchens. If electrical work was done without notification, a registered electrician (NICEIC, NAPIT, or similar) can inspect and certify the installation retrospectively, or you can apply for regularisation.

The risks of not disclosing

Some sellers are tempted to stay silent about unauthorised work on the TA6, hoping the buyer will not discover it. This is a dangerous strategy for several reasons:

• The buyer's surveyor may identify the work. A competent surveyor will often notice signs of alterations — newer brickwork on an extension, a loft conversion accessed by a modern staircase, or recently plastered walls where a chimney breast was removed.
• Local authority searches may reveal the gap. The buyer's solicitor will obtain local authority searches that show which building regulations applications have been made for the property. If a visible extension has no corresponding application on record, the discrepancy will be flagged.
• Post-completion claims. If the buyer discovers after completion that you concealed unauthorised work, they can bring a claim under the Misrepresentation Act 1967. Fraudulent misrepresentation can result in the sale being reversed entirely. Even negligent misrepresentation can lead to substantial damages. Our guide on what happens if you lie on the TA6 explains the legal consequences in detail.

The seller's duty of disclosure in England and Wales requires you to answer the TA6 honestly. While you are not obliged to volunteer information that is not asked for, you must not give false or misleading answers to the questions on the form.

Preparing before you list your property

The best time to deal with unauthorised building work is before you put your property on the market. By identifying the issue early, you can:

1. Apply for a regularisation certificate or lawful development certificate well in advance, avoiding delays once a buyer is found
2. Obtain a structural engineer's report or electrician's certificate to support your application
3. Arrange indemnity insurance if regularisation is not practical, so the policy is in place before the buyer's solicitor asks for it
4. Complete the TA6 thoroughly, with clear explanations and supporting documentation attached

This upfront approach removes one of the biggest causes of delay in residential conveyancing. Rather than waiting for the buyer's solicitor to discover the problem and raise enquiries, you present a complete picture from the start. This builds trust, keeps the transaction moving, and significantly reduces the risk of a fall-through.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• The Building Regulations 2010 (SI 2010/2214), regulation 18 (regularisation) — legislation.gov.uk
• Building Act 1984, Section 36 (enforcement of building regulations) — legislation.gov.uk
• Town and Country Planning Act 1990, Sections 73A and 191 — legislation.gov.uk
• Town and Country Planning (General Permitted Development) (England) Order 2015 — legislation.gov.uk
• Misrepresentation Act 1967 — legislation.gov.uk
• Gov.uk — Building Regulations approval guidance: gov.uk/building-regulations-approval
• Gov.uk — Planning Permission guidance: gov.uk/planning-permission-england-wales
• FENSA — Fenestration Self-Assessment Scheme: fensa.org.uk

Frequently asked questions