Planning permission and building regulations: what is the difference?
Planning permission and building regulations: what is the difference?
Planning permission and building regulations are separate processes, and they are frequently confused. But they serve entirely different purposes.
Planning permission is granted by the local planning authority. It controls whether development is acceptable in land use and external appearance terms – essentially, whether what you are doing is appropriate for the site and its surroundings.
Building regulations are different. They set minimum standards for structural safety, fire safety, means of escape and accessibility, and are administered by a building control body. They are about how something is built, not whether it can be built.
For a mezzanine floor, the distinction matters. In most cases, a mezzanine installed within an existing industrial or commercial building does not require planning permission – it is internal works. But building regulations approval is required in all cases, without exception.
Both must be assessed independently before work begins. Assuming one covers the other is a mistake that can delay a project, or create compliance problems after installation.
question to put to a specialist.
Planning permission and building regulations are separate processes with different purposes. Planning permission is granted by the local planning authority and controls whether development is acceptable in land use and external appearance terms. Building regulations set minimum standards for structural safety, fire safety, means of escape and accessibility, and are administered by a building control body.
A mezzanine floor typically requires building regulations approval but not planning permission. Both must be assessed independently before work begins.
When might planning permission be required?
Planning permission may be required where:
- The installation is part of a change of use – for example, converting storage space to office accommodation
- The mezzanine provides more than 200 m² of additional floorspace in premises used for the retail sale of goods.
- The original planning permission contains a condition restricting floorspace, mezzanines, the type of goods sold or how parts of the building may be used.
- External works are involved, such as new openings, external staircases or additional roof lights
- Permitted development rights have been removed by a planning condition, Article 4 Direction or lease restriction
- The building is listed – listed building consent is required for any internal alteration, regardless of planning status
Where any of these apply, the local planning authority or a planning consultant should be contacted before proceeding.
Does a mezzanine floor need building regulations approval?
Yes, in all cases. A mezzanine introduces new structural loads, creates an additional occupied level, and affects fire safety and means of escape – all of which are governed by building regulations. Approval must be obtained before work begins. Installing a mezzanine without approval is a criminal offence under the Building Act 1984.
What does building regulations approval cover for a mezzanine?
Building regulations approval for a mezzanine addresses:
- Structural integrity – confirming the structure and existing slab can safely carry the imposed loads
- Fire safety and means of escape – compliance with Approved Document B, including escape routes, fire detection and compartmentation where required
- Fire protection to steelwork – intumescent coatings or other approved methods where required by the fire strategy
- Headroom and access – compliant clearance above and below the deck and safe stair access
- Accessibility – Approved Document M provisions where the mezzanine is to be occupied
Approval requires submission of structural calculations and drawings to a building control body. Work cannot begin until approval is granted.
What about listed buildings?
Any internal alteration to a listed building that affects its character requires listed building consent from the local planning authority, in addition to building regulations approval. This applies to mezzanine floors regardless of size or location within the building. A heritage consultant should be engaged early where a listed building is involved.
Conservation area designation applies to external appearance rather than internal works. A mezzanine installed entirely internally within a conservation area building does not normally require conservation area consent unless external alterations are also involved.
What if the premises are leased?
Most commercial leases require landlord consent before structural alterations are carried out. A mezzanine floor is a structural alteration and will almost always require consent under the lease, regardless of its planning status. Landlord consent is a contractual requirement and is separate from both planning permission and building regulations approval – all three may be required independently.
Reinstatement obligations at lease end should be agreed with the landlord before work begins.
