Part 11 demolition: what the prior approval decides
The determination is narrow: method and restoration, nothing else. What belongs in the method statement, why conservation areas are outside it, and the 28 day silence rule.
Part 11 of Schedule 2 to the General Permitted Development Order 2015 grants planning permission for demolition, and the prior approval that goes with it decides almost nothing about whether the building should come down. A part 11 demolition prior approval application asks the council to determine whether its approval is needed for the method of demolition and any proposed restoration of the site. That is the whole scope. The merits of losing the building, what replaces it, the effect on the street and the neighbours' views about it are all outside the determination.
Applicants often submit far more than is needed, and councils occasionally ask for things they cannot require. Knowing the boundary saves both.
When the prior approval application is required
Part 11 distinguishes demolition required by statute from everything else, and the general route is the class covering any building operation consisting of the demolition of a building.
Where demolition is not urgently necessary in the interests of safety or health, the developer must, before beginning, apply to the local planning authority for a determination as to whether the authority's prior approval will be required to the method of demolition and any proposed restoration of the site. Where it is urgently necessary, the obligation is instead to notify the authority as soon as reasonably practicable, with the justification.
The urgency exception is narrower than people assume. A building that has become unsafe through the owner's own neglect, where it would be practicable to secure safety by works of repair, falls outside the right altogether.
A site notice is also required, displayed on or near the land, and the date of display matters because the determination period runs from receipt of the application rather than from the notice.
Some demolition is not development at all. A direction made under the development definition in the 1990 Act specifies descriptions of buildings whose demolition is excluded, which means no permission and no prior approval is needed for them. The descriptions have changed over time, so check the current direction rather than relying on remembered figures.
What the council may and may not consider
This is the part worth getting straight before any correspondence.
| The authority may consider | The authority may not consider |
|---|---|
| How the building will be taken down, including sequencing and plant | Whether the building should be demolished at all |
| Dust, noise and vibration control during the works | The merits of any replacement scheme |
| Protection of adjoining buildings and the highway | Loss of the building's appearance or local value, outside a conservation area |
| Hoarding, access and wheel washing | Heritage significance, where the building is not designated |
| What the site will look like once cleared, and how it will be secured | Future use of the cleared site |
A refusal of prior approval on the ground that the building contributes to the street scene is outside the scope of the determination. If the council wants to resist demolition for that reason, its tools are an article 4 direction, a local listing feeding into a conservation area appraisal, or spot listing by the Secretary of State, not a Part 11 refusal.
Equally, an applicant who treats the application as a formality and submits a one-line method statement should expect to be asked for more.
Method of demolition and restoration of the site
A method statement that satisfies the determination usually covers the sequence of removal, the plant to be used, how the structure will be made progressively stable, how party walls and adjoining structures will be protected and weatherproofed, dust suppression, noise and vibration control with working hours, the route for removal of material, protection of trees and of the highway, and the hoarding or fencing to be erected.
Restoration is the part most often left thin. The authority is entitled to know what the cleared site will look like and how it will be kept, which in practice means the finished level and surface, how services will be capped and sealed, whether any slab or basement is being left in place, drainage and how standing water will be avoided, boundary treatment and security, and how the site will be maintained if it stands empty.
A proposal to leave a rubble-strewn plot with a steel fence for an indefinite period will draw a condition requiring a hard or seeded surface and a maintenance regime. Offer that rather than wait for it.
A Pre-redevelopment Audit is worth doing alongside, because the materials recovery and waste position is far easier to establish before the building is down than after.
Buildings and sites excluded from the right
The right does not apply to a listed building or a scheduled monument, which need their own consents. Demolition of a listed building without listed building consent is a criminal offence.
It also does not apply where demolition is prohibited or restricted by a condition on a planning permission or by a section 106 obligation. Article 3(4) of the Order prevents permitted development that conflicts with a condition on an earlier permission, which is a trap on sites with a recent consent, and development contrary to a condition and article 3(4) sets out how that operates.
Buildings rendered unsafe by the action or inaction of a person with an interest in the land, where repair is practicable, are excluded. So are certain means of enclosure and some other descriptions, depending on the current drafting.
Conservation areas, where Part 11 does not help
Demolition of an unlisted building in a conservation area is relevant demolition requiring planning permission, and carrying it out without permission is an offence under section 196D of the Town and Country Planning Act 1990. The prior approval route under Part 11 does not cover it.
That changes the assessment completely. A planning application for relevant demolition engages the statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area, and the usual expectation is that permission will not be granted unless there is an acceptable scheme for the site, secured so that the gap is not left open.
So in a conservation area the sequence is to apply for the replacement scheme and the demolition together, with a heritage assessment of the building's contribution to the area. Applying for demolition alone rarely succeeds.
The separate building control notice
Planning and building control run in parallel and neither covers the other.
Section 80 of the Building Act 1984 requires notice to be given to the local authority before demolishing a building, with limited exceptions for small buildings and some agricultural structures. The authority then has six weeks in which it may serve a counter-notice under section 81 imposing requirements, which can include shoring up adjoining buildings, weatherproofing exposed surfaces, sealing drains and sewers, removing rubbish, making good the surface of the ground, and disconnecting services.
Three further regimes apply and are frequently missed. Construction design and management duties apply to the demolition work, with a notifiable project requiring notification to the Health and Safety Executive. Asbestos survey and licensed removal obligations apply to most pre-2000 buildings, with their own notification periods. And the Party Wall etc. Act 1996 applies where party structures are affected, which is a civil regime with its own notice periods.
Build the programme around the longest of these, not around the planning determination.
Timescales and what happens if nobody replies
The authority has 28 days from receipt of the application to notify the applicant whether prior approval will be required. Three outcomes follow.
- The authority notifies that prior approval is not required. The developer may proceed, in accordance with the details submitted.
- The authority notifies that prior approval is required, and then grants or refuses it. Demolition must then be carried out in accordance with the approved details.
- The authority does not respond within 28 days. The developer may proceed, in accordance with the details submitted with the application.
That third outcome is why the submitted details matter. Proceeding on a silence means proceeding on what you sent, so a thin method statement leaves you building a programme on vague commitments, and departing from them puts you outside the permitted development right. The consequences of that are enforcement consequences, which is covered in enforcement time limits for permitted development breaches.
Where demolition is the first phase of a wider scheme, set the demolition details out in the Planning Statement for the main application as well, so the two are consistent.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. Demolition method, structural stability and asbestos work require suitably qualified professionals. This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it.
Frequently asked questions
What does a Part 11 prior approval application decide?
Only whether the authority's approval is required to the method of demolition and any proposed restoration of the site. Whether the building should come down, what replaces it and the effect on the street scene are outside the determination, so a refusal based on the building's local value is outside the scope of the class.
What happens if the council does not respond in 28 days?
The developer may proceed in accordance with the details submitted with the application. That makes the submitted details important, because proceeding on a silence means proceeding on what you sent. Departing from those details takes the works outside the permitted development right and exposes them to enforcement.
Does Part 11 cover demolition in a conservation area?
No. Demolition of an unlisted building in a conservation area is relevant demolition requiring planning permission, and carrying it out without permission is an offence under section 196D of the Town and Country Planning Act 1990. In practice the demolition and the replacement scheme should be applied for together with a heritage assessment.
Do I still need to notify building control?
Yes. Section 80 of the Building Act 1984 requires notice before demolishing a building, subject to limited exceptions, and the authority then has six weeks to serve a counter-notice under section 81. That notice can require shoring of adjoining buildings, weatherproofing, sealing drains, removing rubbish and disconnecting services.
When does the urgency exception apply?
Where demolition is urgently necessary in the interests of safety or health, in which case the authority must be notified as soon as reasonably practicable with the justification. The exception does not cover a building made unsafe by the action or inaction of someone with an interest in the land where repair would be practicable.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.