What must be submitted before work starts on site
The costly mistakes before a start on site are administrative. Here is the order to discharge conditions, claim levy exemptions and get building control in place.
Before work starts on site you need the pre-commencement conditions discharged, the biodiversity gain plan approved where one is required, the levy paperwork submitted in the right order, and building control approval in place. Miss any of them and the consequences range from a surcharge you cannot appeal to a development that is unlawful from the first spadeful. For a self-builder on a single plot the whole sequence takes weeks rather than days, and most of it can run in parallel if you start early.
The costly mistakes are almost always administrative. Levy exemptions lost because a form went in a day late. A start on site that turns out not to be lawful because a condition was outstanding.
Pre-commencement conditions come first
Read the decision notice and separate the conditions into three groups. Those requiring something before any development starts. Those requiring something before a later stage, such as work above ground level or first occupation. And those which are simply standing obligations for the life of the permission.
The first group controls your start date. Typical examples are a construction management plan, details of materials, an arboricultural method statement, a drainage scheme, a contaminated land investigation, or an archaeological written scheme of investigation.
Discharge applications carry a fee for each request, and one written request covering several conditions costs less than several separate ones. Allow eight weeks, because the statutory period for determining a discharge application is not short and authorities use it. Submitting on week one of an eight-week lead-in to your groundworks contractor is how programmes survive.
A written confirmation of discharge is what you need on file, not an informal email saying the details look fine.
The biodiversity gain plan
Where your permission carries the biodiversity gain condition, approval of the gain plan is a precondition of a lawful start. Submitting it alongside the first load of hardcore is too late.
The plan has to be approved, not merely submitted, and the local planning authority has a period in which to determine it. Whether the condition applies at all turns on when the application was made and on the exemptions, and householder development and qualifying self-build schemes sit outside the requirement. Check that first, because commissioning metric work you do not need is an expensive detour.
Community Infrastructure Levy forms in the right order
The levy sequence is the part that punishes people, and it punishes them financially rather than legally.
The order matters:
- Submit the assumption of liability form, ideally with or shortly after the planning application. Someone has to assume liability, and if nobody does, liability defaults to the landowner.
- Claim any exemption or relief before you start. Self-build exemption, residential extension exemption and annexe exemption all have to be applied for and granted in advance.
- Wait for the council to issue the liability notice, and check the figures on it against the charging schedule.
- Submit the commencement notice before work begins, giving the date you intend to start.
- Keep the demand notice and pay in accordance with it, or in accordance with any instalment policy the authority operates.
Step four is where self-builders lose exemptions. An exemption granted but followed by a start on site with no commencement notice submitted can be withdrawn, and the full charge becomes payable with a surcharge. There is no discretion to forgive it in the way a planning officer might overlook a late document. What happens if you miss the commencement notice repays a read before you book the digger, and the liability notice and surcharge mechanics explain how the numbers build up.
Self-build exemption has a second stage as well. The initial claim comes before commencement, and supporting evidence has to be submitted within a set period after completion, so the obligation does not end when the roof goes on.
Building control approval
Planning permission and building control are separate systems with separate submissions, and one does not imply the other.
For a single dwelling you either make a building control approval application to the local authority or have an initial notice given by a registered building control approver. Either way the submission has to be in place before work starts, and the authority or approver will want a programme of inspection stages.
Where the project is a higher-risk building, the regime is different again and sits with the Building Safety Regulator rather than the local authority. A house is outside that regime. Residential buildings at or above the height threshold set by the building safety legislation are within it.
Consents outside the planning system
Several permissions have nothing to do with the council's planning department and are commonly forgotten.
A vehicle crossing over the footway needs the highway authority's approval under the Highways Act 1980, and the works are usually carried out by or on behalf of that authority rather than by your builder. Skips, scaffolding and hoardings on the highway need licences. A connection to the public sewer needs an application to the sewerage undertaker, and building over or close to a public sewer needs a separate agreement with it. Works affecting a party structure, or excavation within the distances the legislation specifies of a neighbouring building, need notice under the Party Wall etc. Act 1996, and on dissent an award.
Tree work is its own trap. Where a tree is protected by a preservation order or stands in a conservation area, consent or notification is needed even if the planning permission shows the tree being removed, unless the permission expressly authorises it.
Evidence of a lawful start
Development begins on the earliest date on which a material operation is carried out, and for a permission approaching the end of its life that date can matter enormously.
Keep evidence. Dated photographs of the works from a fixed viewpoint. The contractor's invoices and daywork records. The building control inspection record. Delivery notes for materials. Correspondence confirming discharge of the pre-commencement conditions before that date.
The reason to assemble this at the time rather than later is that a start on site with an outstanding pre-commencement condition may not count as lawful commencement at all, which on a permission nearing expiry can leave you with nothing. Commencement notices and what developers tell the council covers the notification side, and the position appears on the statutory planning register once the council records it.
A workable sequence for a small site
Work backwards from the date your groundworker can start.
Twelve weeks out, read the conditions, submit the discharge application and claim any levy exemption. Ten weeks out, submit the assumption of liability and, where required, the biodiversity gain plan. Eight weeks out, make the building control submission and apply for the vehicle crossing and any highway licences. Six weeks out, serve party wall notices, since the notice periods are fixed and dissent adds time. Two weeks out, confirm discharge in writing and submit the commencement notice. Then start, and photograph the first day.
Getting the documents right at application stage makes all of this shorter, because conditions are often imposed simply because the information was not supplied earlier. A well-evidenced Planning Statement and the technical reports a constrained site needs will reduce the number of pre-commencement conditions you have to discharge later. Enter your postcode on PlanScope to see which of the 66 reports your site is likely to need.
This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
What happens if I start work with a pre-commencement condition outstanding?
The works may not amount to a lawful commencement of development, which matters enormously on a permission nearing expiry. The council can also take enforcement action for breach of condition, and there is no appeal against a breach of condition notice. Get written confirmation of discharge before the first material operation.
When must I submit the commencement notice for the levy?
Before work begins. Submitting it late, or not at all, can cause a granted exemption such as self-build to be withdrawn, with the full charge becoming payable together with a surcharge. There is no general discretion to excuse it, so treat the notice as a hard gate rather than paperwork to catch up on.
Do I need building control as well as planning permission?
Yes. They are separate systems and one does not imply the other. For a single dwelling you either make a building control approval application to the local authority or have an initial notice given by a registered building control approver, and the submission has to be in place before work starts.
Does my planning permission allow me to remove a protected tree?
Not automatically. Where a tree is covered by a preservation order or stands in a conservation area, separate consent or notification is required unless the planning permission expressly authorises the removal. Check the decision notice wording, and if it is ambiguous, apply or notify rather than assume.
How long should I allow to discharge conditions?
Allow eight weeks, because the statutory determination period for a discharge application is not short and authorities use it. Bundling several conditions into one written request costs less in fees than submitting them separately, so plan which conditions can sensibly be dealt with together before you apply.
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.