Approvals can relate to planning requirements and building control and how that effects what you do with your building. It also includes advertising consent as well as general landlord approval. If you’re renting or taking a lease on a property you will need the landlord’s consent. If you are buying the property freehold there could be something in the deeds of the purchase relating to approvals however primarily when we talk about approvals it is relating to planning permission and building control.
Key Approvals for Restaurant Fit-Outs
When fitting out a restaurant, you’ll need to obtain various approvals for the works .Your project manager or designer might help you with these. Any physical changes to the exterior of the building requires planning approval through the local planning authority. This process can take between 8 to 12 weeks duration to receive on average. Planning is potentially also required for a change of use for example the unit was previously used as an office and now you want the unit to be your new restaurant. This would be classed as a change of use. Although planning laws have been simplified recently in the UK, with a broader use class, it is always best to check with your specialist or solicitor.
You should also consider advertising consent, which relates primarily to your signage for your restaurant. This will need permission in a similar manner to your general planning approval. Your pavement licence might be required if you’re looking for outdoor tables and chairs. This is usually renewed on an annual basis and will be with your local council.
In terms of building regulations, these are statutory instruments or regulations and they seek to ensure that your building is built to proper relevant regulations and requirements. This can be done with the local council, although we often utilise the services of an approved inspector who can work nationally.
Other points of note that you should make when you’re opening up your restaurant is consider possibly what impact the deeds of your property you might have. Even if you own it freehold, there can be some restrictive covenants. At times when you’re taking a lease or rent, you’ll need landlord’s approval.
Certificates and Legal Permits
Once complete on your fit-out, you’ll need to obtain further permits and approvals. These could include food hygiene certificate (which is a legal requirement for any restaurant with EHO visits) restaurant insurance, public liability insurance, food premises approval, which is done by the local council inspection and approval, licencing for alcohol and finally pest control. This is a legislative and is monitored through the EHO.
Building Act 2023 Updates and Changes in Building Control Processes
Sadly, the Grenfell Tower disaster highlighted the need for significant changes to Building Control processes and regulations. Since this tragedy, the Building Control function has been substantially realigned, particularly in how it operates with businesses during the approval process. The updated legislation now places greater emphasis on building height classifications and the associated safety risks, introducing the concept of “high-risk buildings.”
In day-to-day practice, these changes have notably altered the relationship between developers and Building Control bodies. Previously, whether rightly or wrongly, it was common to seek informal advice and design guidance from Building Control officers. Now, the process is more formalised: project teams present their proposed designs, and Building Control’s role is to approve or reject them against the relevant regulations and compliance requirements.
At the completion stage of a project, there is now a much stronger focus on fire safety certification and documentation. Clients must be provided with all required fire safety information and companies are increasingly required to formally declare that the necessary documentation has been supplied and completed in accordance with regulatory standards.
In summary, while the technical requirements of the regulations themselves particularly in relation to Part L have not changed significantly, the application and compliance process has evolved considerably. Building Regulations apply across all sectors, meaning these considerations are equally relevant whether delivering a school, office, retail unit, or restaurant project.
Change of Use and Sector Differences
A few years ago there was a simplification of the planning classes and it put different sectors into linked and aligned categories.
For example a cafe or coffee shop are now linked with retail, reflecting the changing nature of the high street over the past 10–12 years and the increasing overlap between retail, leisure and hospitality environments.
One example of a change-of-use project undertaken by JCA was the conversion of an office building into an educational facility for the school project delivered in partnership with the Horizon Group in Sutton. When changing the use of the building you have to satisfy everything as if it was a brand-new build or make the exceptions on the basis of economics in terms of the length of the lease, or why not to.
Landlord Agreements and Management
More recently, there has been a rise in more commercially focused landlords, many of whom are increasingly aligned with specialist facilities management providers. As a result, requirements can vary significantly from site to site, even where the intended use of the building remains the same.
It is therefore essential to understand the specific operational and compliance requirements of each landlord and facilities management team at an early stage in the project. Early engagement helps to clarify approval processes, identify project-specific expectations and reduce the risk of delays or revisions later in the development process.
Timelines for Success
Planning permission should always be the primary approval sought at the outset of a project. Building Control requirements and associated regulations must then be carefully considered and incorporated during the design stage to ensure compliance throughout the development process.
Landlord approvals are typically governed by the terms of the lease, so it is important to understand and agree to these requirements when entering into the lease agreement. In addition, certain permissions — such as pavement licences — are granted on an annual basis and should therefore be monitored and renewed where necessary.
We think that if JCA are to have the biggest impact for you as a client, for the project and as a whole community around, and if we can be appointed early, we can give our professional experience into that process and possibly get that better value for you.
