Definition

In an APC context, consulting with statutory authorities means identifying and engaging with the public bodies that have legal powers over a project — including local planning authorities, building control bodies, the Environment Agency, Historic England, and utility undertakers — on behalf of the client. The purpose is to establish which consents or approvals are required before, during, or after construction and to manage that process in line with the client's programme and budget.

Why this matters for Client Care

  • Level 2 knowledge: you must demonstrate that you can identify the relevant statutory bodies for a project and explain the approval process to a client in plain English.
  • Clients often underestimate the time and cost implications of statutory processes; failing to advise them clearly is a client care failure under RICS Rules of Conduct Rule 3 (Service).
  • Statutory approval timescales directly affect programme; the candidate must show they can reflect these in advice to the client from the outset.
  • Some approvals, such as listed building consent and environmental permits, carry criminal penalties for non-compliance — making early advice essential.

Key principles

Identify the relevant authorities at inception

The first step is to map all statutory bodies with jurisdiction over the project. For most building projects in England this includes the local planning authority (planning permission, listed building consent, conservation area consent), the building control body, the Environment Agency (flood risk, contamination, water discharge), and utility undertakers. Heritage projects may also involve Historic England.

Explain the process and programme to the client

Clients must understand which approvals are mandatory before work begins. The candidate should set out typical determination periods: eight weeks for householder and minor planning applications, 13 weeks for major applications. Written programme advice, recorded in the appointment file, demonstrates that client care obligations have been met.

Pre-application engagement

Most local planning authorities offer a pre-application service. Engaging it before submitting a formal application reduces the risk of refusal, clarifies design constraints early, and signals proactive client care. The cost of pre-application meetings should be included in the fee proposal and all written outputs shared with the client promptly.

Document all communications

Every letter, email and meeting note with a statutory body should be filed and shared with the client. This provides a clear audit trail, supports any appeal, and demonstrates the level of service provided. The RICS standard form terms of appointment require surveyors to keep clients informed of material developments.

Relevant RICS guidance and legislation

  • RICS Rules of Conduct (effective 2 February 2022) — Rule 3 requires members to provide a good standard of service, which includes keeping clients informed of statutory processes and timescales.
  • Town and Country Planning Act 1990 — the principal legislation governing planning permission and listed building consent in England and Wales.
  • Planning (Listed Buildings and Conservation Areas) Act 1990 — makes it a criminal offence to carry out works to a listed building without listed building consent.
  • Building Regulations 2010 — set the mandatory technical standards that building control bodies enforce.
  • Environment Act 2021 and Environmental Permitting (England and Wales) Regulations 2016 — govern environmental permits and biodiversity net gain requirements.
  • RICS standard form terms of appointment — set out the service obligations that underpin client care in consultancy appointments.

Ethics and Rules of Conduct angle

Rule 3 requires members to advise clients proactively and accurately about approval requirements, not merely react to problems. A surveyor who fails to warn a client that listed building consent is required, allowing works to proceed without it, breaches both Rule 3 and Rule 1 by creating a false impression of lawful compliance.

APC-style Q&As

Q (Level 1)Name three statutory authorities a surveyor might consult on a typical commercial refurbishment project.

The local planning authority for planning permission, the building control body for building regulations approval, and the local highway authority if the works affect the public highway. Depending on location, the Environment Agency and utility undertakers may also be relevant.

Q (Level 1)What is the standard determination period for a major planning application in England?

Thirteen weeks from the date the local planning authority validates the application, unless extended by agreement with the applicant. For householder and minor applications the period is eight weeks.

Q (Level 2)Why is pre-application engagement with a local planning authority considered good client care?

Pre-application discussions allow the authority to identify concerns before a formal application is lodged, reducing the risk of refusal and saving the client abortive cost. Written pre-app advice gives the client certainty about the likely outcome and allows programme and budget assumptions to be refined. It also demonstrates proactive client service in line with RICS Rules of Conduct Rule 3.

Q (Level 2)A client wants to begin demolition of an extension to a listed building immediately. What is your advice?

Listed building consent is required under the Planning (Listed Buildings and Conservation Areas) Act 1990 before any works that would affect the character of a listed building, including demolition. Proceeding without consent is a criminal offence, regardless of whether planning permission for a replacement structure has been granted. I would advise the client to pause works, submit a listed building consent application, and await determination before instructing contractors.

Q (Level 3)Your client has received a refusal of planning permission for a proposed mixed-use development. Outline the steps you would take to advise them on next actions and manage the client relationship through this setback.

(example) On receiving the decision notice I would meet the client promptly to explain the refusal reasons in plain English. I would then assess whether the reasons could be addressed through a redesign or additional information, or whether an appeal to the Planning Inspectorate offered a realistic prospect of success. I would prepare a written options appraisal setting out the costs, timescales and risks of each route and recommend a preferred course of action. Throughout I would keep detailed records of all advice given and client instructions received, to discharge my duty of care and ensure the client's informed consent to the chosen strategy.