TA6 Section 6: Planning and Building Control Explained

Section 6 of the TA6 Property Information Form is one of the sections that generates the most follow-up enquiries from buyers' solicitors. It deals with planning permission, building regulations, and any alterations or additions made to the property.

If you have ever extended a kitchen, converted a loft, replaced windows, rewired the electrics, or even installed a new boiler, this section applies to you. Answering it thoroughly and honestly is essential — incomplete or evasive answers are one of the leading reasons that conveyancing enquiries drag on and sales slow down.

This guide walks you through every question in Section 6, explains what counts as a material alteration, covers permitted development rights, and tells you exactly what to do if you are missing certificates.

What Section 6 asks you to disclose

Section 6 of the TA6 (formally titled "Planning and Building Control" in the 4th edition, 2020) asks a series of specific questions about work done to the property. It is designed to establish whether all alterations, extensions, and modifications were carried out with the correct legal consents.

The section covers three broad areas:

• Planning permission — Whether any work required planning consent from the local authority, and if so, whether it was obtained and complied with.
• Building regulations approval — Whether a building regulations application was made and a completion certificate issued for the work.
• Listed building consent or conservation area consent — If the property is listed or in a conservation area, whether any additional consents were obtained.

Question-by-question walkthrough

Below is a plain English breakdown of the key questions in Section 6, what each one is really asking, and how to approach your answer.

What counts as a material alteration

A "material alteration" is any change to a building that affects its compliance with certain requirements of the Building Regulations 2010 (as amended). Under Regulation 3 of the Building Regulations, a material alteration is work that would, at any stage, cause the building to not comply with — or become more non-compliant with — requirements relating to:

• Structure (Part A)
• Fire safety (Part B)
• Site preparation and resistance to moisture (Part C)
• Resistance to the passage of sound (Part E)
• Conservation of fuel and power (Part L)
• Access to and use of buildings (Part M)

In practical terms, the following types of work almost always require building regulations approval, regardless of whether planning permission is needed:

If you have carried out any of the work listed above, you need to declare it in Section 6 and provide supporting certificates. For a deeper look at planning requirements before putting your property on the market, see our guide to checking planning permission before selling.

Permitted development rights explained

Permitted development (PD) rights are a set of national rules under the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) that allow certain types of building work to be carried out without applying for planning permission. The idea is to reduce the burden on both homeowners and local planning authorities for straightforward, low-impact projects.

Common types of work covered by permitted development include:

• Single-storey rear extensions up to 3 metres (attached houses) or 4 metres (detached houses), or up to 6 metres and 8 metres respectively under the larger home extension scheme (subject to prior approval notification)
• Loft conversions adding up to 40 cubic metres (terraced houses) or 50 cubic metres (detached and semi-detached houses), provided no extension goes beyond the plane of the existing roof slope facing the highway
• Outbuildings, sheds, and greenhouses within the curtilage
• Installation of solar panels (with size and position limits)
• Porches up to 3 square metres in floor area

However, permitted development rights are restricted or removed for:

• Flats and maisonettes (most PD rights apply to houses only)
• Listed buildings
• Properties in conservation areas, national parks, and AONBs
• Properties where PD rights have been removed by a planning condition (often called an Article 4 direction)

Even where planning permission is not required under permitted development, building regulations approval is almost always still needed. This is a common point of confusion that catches many sellers out. For a full explanation of how PD rights affect your sale, read our guide on permitted development when selling.

If you want certainty that your work falls within permitted development, you can apply to your local authority for a certificate of lawful development (also called a CLEUD or CLOPUD). This is a formal confirmation that the work is lawful and does not require planning permission. It costs £103 (as of 2024 fee schedules) and provides permanent, documented proof for future buyers.

How to check your planning history

Before filling in Section 6, you should check what planning applications and building regulations records exist for your property. Here is how:

1. Local authority planning portal. Visit your local council's website and search for planning applications by your property address. Most councils have a free online search going back to the 1990s or earlier. This will show planning permissions granted, refused, or withdrawn.
2. Building control records. Contact your local authority's building control department and request a search for building regulations applications and completion certificates. There may be a fee of £20 to £50 depending on the council.
3. The national Planning Portal. At planningportal.co.uk, you can find links to every local authority's planning search and use the interactive house tool to check whether your work falls within permitted development.
4. Your title deeds and purchase documents. If planning permissions or building regulations certificates were provided when you bought the property, they should be among your deeds held by your solicitor or mortgage lender.

Checking these records before you complete the TA6 means you can give accurate, well-documented answers — which dramatically reduces the number of follow-up enquiries from the buyer's solicitor.

Building regulations completion certificates

A building regulations completion certificate is issued by the local authority (or an approved inspector) once building work has been inspected and confirmed to comply with the Building Regulations. It is the official sign-off that the work meets legal standards for safety, structure, and energy efficiency.

Completion certificates matter because they provide documented proof that:

• The work was inspected at key stages (foundations, damp-proof course, drainage, structural elements, insulation, final completion)
• It complies with the relevant parts of the Building Regulations 2010
• It is safe for the occupants and does not create risks for neighbouring properties

Buyer's solicitors and mortgage lenders treat missing completion certificates seriously. Without one, there is no formal proof that the work is structurally sound, fire-safe, or energy-compliant. For more detail on this specific problem, see our guide on what to do when building regulations sign-off is missing.

What to do if certificates are missing

Missing building regulations certificates are one of the most common issues that arise in Section 6, particularly for older alterations or work done by previous owners. You have two main options:

Option 1: Regularisation

You can apply to your local authority for a regularisation certificate under Section 36 of the Building Act 1984. This involves the council inspecting the work retrospectively and, if it meets the required standards, issuing a completion certificate. The typical cost is £200 to £500 or more depending on the scope of the work and the council's fee schedule.

Regularisation is the preferred option where possible because it provides genuine proof that the work complies with building regulations. However, it requires the work to be accessible for inspection — if walls have been plastered over or floors laid on top of structural changes, the inspector may not be able to verify compliance without opening up the work, which can be disruptive and costly.

Option 2: Indemnity insurance

If regularisation is not practical (for example, because the work is concealed behind plaster and the cost of opening it up would be disproportionate), your solicitor can arrange an indemnity insurance policy. This typically costs between £50 and £300 and covers the buyer, their mortgage lender, and future owners against the financial loss if the local authority were to take enforcement action requiring the work to be altered or removed.

There is one critical rule with indemnity insurance: you must not contact the local authority about the work before taking out the policy. Doing so can invalidate the cover, because the insurer's risk is based on the local authority not being aware of the issue. Your solicitor will advise you on this. For a comprehensive look at your options, read our guide on what to do if you have no building regulations certificate.

Common Section 6 issues sellers face

Certain types of work come up repeatedly as problems in Section 6. Here are the most common issues and how to handle them:

Loft conversions

Loft conversions are frequently carried out under permitted development, meaning no planning permission is needed — but building regulations approval is always required. The key areas that building control inspects include structural integrity of the floor, fire escape (usually a protected staircase with fire doors and smoke alarms), insulation, and staircase design. If your loft was converted without a completion certificate, this is one of the most common reasons for delays when selling. Regularisation is often possible, but the inspector will need access to structural elements.

Extensions

Single-storey rear extensions often fall within permitted development, but building regulations approval is still needed for the foundations, drainage, damp-proof course, insulation, structural openings, and electrical work. Two-storey extensions almost always require both planning permission and building regulations approval. If you have an extension and cannot find either certificate, start by checking with your local authority before listing your property.

Replacement windows

Windows replaced after 1 April 2002 need either a building regulations completion certificate from the local authority or a FENSA certificate from the installer. FENSA (Fenestration Self-Assessment Scheme) is a competent person scheme that allows registered installers to self-certify compliance. If you have neither certificate, you can apply for regularisation or obtain indemnity insurance.

Electrical work

Since 1 January 2005, certain electrical work in dwellings has been "notifiable" under Part P of the Building Regulations. This includes new circuits, consumer unit replacements, and work in kitchens and bathrooms. A Part P registered electrician can self-certify the work and notify the local authority. If the work was done by a non-registered electrician without building regulations approval, you may need regularisation or indemnity insurance.

Boiler installations

Boiler installations and replacements require building regulations notification. A Gas Safe registered engineer can self-certify the installation and notify the local authority. You should have a Gas Safe certificate and a building regulations notification. If these are missing, contact Gas Safe Register to check whether the installation was recorded.

The 4-year and 10-year enforcement rules

Under Section 171B of the Town and Country Planning Act 1990, local authorities have limited time in which they can take enforcement action against breaches of planning control:

• 4-year rule — Applies to unauthorised building operations (such as an extension built without planning permission) and changes of use to a single dwelling. If the council has not taken enforcement action within four years of the work being substantially completed, the development becomes immune from enforcement.
• 10-year rule — Applies to other breaches of planning control, such as a change of use (other than to a single dwelling) or a breach of a planning condition. Immunity from enforcement arises after ten years of continuous breach.

It is important to understand what these rules do and do not achieve. Immunity from enforcement means the local authority can no longer require you to undo the work — but it does not mean the work was retrospectively lawful. A buyer's solicitor may still require you to obtain a certificate of lawful development (CLEUD) to formally confirm the immunity, or they may require indemnity insurance.

There is also a critical exception: there is no time limit for enforcement action against unauthorised work to a listed building. Under the Planning (Listed Buildings and Conservation Areas) Act 1990, the local authority can require the removal or reversal of unauthorised alterations to a listed building at any time, regardless of how long ago the work was done.

How to answer honestly when you are unsure

Many sellers feel anxious about Section 6 because they are not certain whether work was done with the correct consents — particularly if the work was carried out by a previous owner or many years ago. Here is the approach recommended by conveyancing solicitors:

1. Never guess. If you do not know whether planning permission or building regulations approval was obtained, do not assume either way. A wrong answer is worse than "Not known."
2. Use "Not known" with context. Rather than leaving a question blank, write something like: "Not known. The loft conversion was in place when we purchased the property in 2012. We were not provided with a building regulations completion certificate at that time."
3. Check before answering. Before submitting the TA6, take the time to search your local authority's planning portal, request building control records, and look through your purchase deeds. You may find that certificates exist that you simply forgot about.
4. Ask your solicitor. If you are unsure how to describe a particular situation, your solicitor can help you frame the answer accurately. They deal with Section 6 issues on a daily basis.

The buyer's solicitor will follow up on anything unclear, so providing thorough answers upfront saves time for everyone. For broader tips on completing the entire form efficiently, see our guide on property information form tips.

How Section 6 connects to other parts of the TA6

Section 6 does not exist in isolation. The information you provide here links directly to other sections of the TA6 form:

• Section 5 (Guarantees and warranties) — If building work was covered by an NHBC warranty, a damp-proofing guarantee, or an insurance-backed guarantee, you should reference this in both Section 5 and Section 6.
• Section 7 (Environmental matters) — If alterations affected flood risk (for example, paving over a front garden), this may be relevant to Section 7 as well.
• Section 10 (Disputes and complaints) — If any building work led to a dispute with a neighbour or the local authority, this should be disclosed in Section 10 (or Section 2, depending on the edition of the form).

Consistency across sections is important. If you mention an extension in Section 6 but fail to mention the boundary dispute it caused in the disputes section, the buyer's solicitor will notice and raise further enquiries.

Getting Section 6 right with Pine

Section 6 is where many sales hit avoidable delays. Sellers accept an offer, receive the TA6 form from their solicitor, and then spend weeks tracking down planning records, building control certificates, and FENSA documentation — all while their buyer is waiting.

Pine is built to help you avoid this. By completing your TA6 before you list your property, you can identify any missing certificates early and resolve them on your own timeline rather than under the pressure of an active transaction. Whether that means applying for regularisation, obtaining indemnity insurance, or simply requesting records from your local authority, doing it upfront means your legal pack is ready the moment a buyer comes forward.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• The Building Regulations 2010, Regulation 3 (Material alterations) — legislation.gov.uk
• Building Act 1984, Section 36 (Regularisation of unauthorised building work) — legislation.gov.uk
• Town and Country Planning Act 1990, Section 171B (Time limits for enforcement action) — legislation.gov.uk
• Town and Country Planning (General Permitted Development) (England) Order 2015 — legislation.gov.uk
• Planning (Listed Buildings and Conservation Areas) Act 1990 — legislation.gov.uk
• Gov.uk — Planning Permission guidance: gov.uk/planning-permission-england-wales
• Planning Portal — planningportal.co.uk
• FENSA (Fenestration Self-Assessment Scheme) — fensa.org.uk
• Gas Safe Register — gassaferegister.co.uk

Related guides

• TA6 Guarantees and Warranties Section: How to Complete It
• TA6 Tree Issues: What to Declare
• TA6 Planning Enforcement: What to Disclose
• Completing the TA6 for an Inherited Property

Frequently asked questions