The failure to obtain planning permission or comply with the details of a permission is commonly known as a 'planning breach'.

A planning breach usually occurs when:

• A development that requires planning permission is undertaken without the permission being granted - either because the planning application was refused or was never applied for
• A development that has been given permission subject to conditions breaks one or more of those conditions.

If the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.

There are statutory time limits for enforcement, these vary based on when the breach took place.

If the breach took place prior to 25 April 2024

• Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken
• Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from four years, beginning the date where the operations were substantially completed.

If the breach took place on or after 25 April 2024

• Change of use of a building, or part of a building, to use as a single dwelling house - Enforcement action can no longer be taken once the unauthorised use has continued for ten years without any enforcement action being taken
• Operational development relating to building, engineering or mining - Enforcement action can no longer be taken from ten years, beginning the date where the operations were substantially completed.

Other time limits:

There is no time limit for enforcement on breaches of planning control relating to relevant demolition.

For any other breach of planning control, ten years beginning with the date of the breach. This predominantly applies to changes of use.

Read more about breaches of planning control and lawful development certificates on Planning Portal.

Adding a new driveway to an unclassified road for access to a house or business falls under permitted development rights, meaning no application for planning permission is required.

If you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.

You will have to apply to the relevant highway authority for a dropped kerb if you wish to cross a pavement to access your property.

Read more information on our dropped kerb common project.

In many cases, you can extend a house without applying for planning permission by using what's known as permitted development rights, provided certain limits and conditions are met. However, if your plans go beyond these restrictions, you will likely need to apply for householder planning permission.

Read guidance on extensions.

See our extensions MiniGuide.

Land and buildings are categorised by their type and purpose through a system known as ‘use classes’. A 'Change of use' can be within the same Use Class or from one Use Class to another.

You can find a full list of use classes and change of use scenarios related to planning on the Planning Portal website.

Read more about use classes

The UK Government provide access to public land records, allowing you to check certain restrictions on land. You can use the online tool to check whether your land is in a conservation area.

VisitGOV.UK and use the planning data map.

(This map covers planning data for England).

‍

If you are unsure you should contact your local planning authority.