Building Safety: Planning enforcement and the Responsible Actors Scheme (the ‘RAS Enforcement PPG’)
Summary
The guidance explains how planning enforcement applies where a developer is subject to the Responsible Actors Scheme (RAS) prohibitions under the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023. It confirms that prohibited developers may still obtain planning permission, but cannot carry out prohibited major development unless an exception applies, and local planning authorities are expected to check the published prohibited-developers list.
Why it matters
Residential surveyors involved in development, due diligence or site appraisal need to understand that planning permission alone may not be sufficient where RAS prohibitions apply. The guidance also affects how breaches of planning control are identified and enforced, which is relevant to risk assessment on major residential schemes.
Key points
- RAS prohibitions apply to eligible residential developers who do not join the scheme.
- The planning prohibition applies to major development with full planning permission granted after 4 July 2023, subject to exceptions.
- A prohibited developer can still obtain planning permission and buy or sell land, but cannot carry out prohibited development.
- Local planning authorities are expected to check the published list of prohibited developers.
- Enforcement under Part 7 of the Town and Country Planning Act 1990 applies, with modifications.
This is an RPSA summary of a publicly available article. The full content remains with the original publisher.
