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.

Planning permission is not required if the home will be used as a short-term let for 90 days or less throughout the year.

If you plan on using the home as a short-term let for more than this time period, then you will need to apply for planning permission for a change of use.

If you rent a room in your property while you still live there, you will not require planning permission.

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Adding a storey on top of an extension will always require an application for planning permission.

If you want to add a storey on top of your house under permitted development rights, it must be on the principal part of the house.

If you want to add an additional storey on top of your house, it can be permitted development. It is only permitted development if it follows certain rules:

The current house

• Is not a building containing one or more flats, or a flat contained within such a building
• Was constructed between 1 July 1948 and 28 October 2018
• Has not already had additional storeys added to it
• Is not on Article 2(3) land or a site of special scientific interest
• Was not changed to be used as a house (from a previous non-residential use) under permitted development rights.

How many storeys can you add?

• If the house is one storey then one storey can be added
• If the house is two or more storeys then two storeys can be added

Where can the storeys be added?

• The additional storeys must be added to the principal part of the house. The principal part of the house is the main part of the house excluding any front, side or rear extension of a lower height (regardless of these being part of the original house or subsequent additions).
• Engineering operations must only include works within the existing curtilage of the house to strengthen existing walls and foundations

How high can it be?

• The house cannot exceed 18 metres in total height
• Each storey cannot add more than 3.5 metres to the total height
• If the house is not detached the total height cannot be more than 3.5 metres higher than the next highest building that the house is attached to, adjoins, or is in the same row as.
• The additional storeys must have an internal floor-to-ceiling height of no more than 3 metres, and no greater than the internal height of any existing storey within the principal part of the house.

What materials can be used?

The materials used must be of a similar appearance to those used in the construction of the exterior of the current house

Where can windows be placed?

Windows must not be placed in any wall or roof slope forming a side elevation of the house.

Following completion of development:

• The house must remain in use as a domestic residential property
• No visible support structures must remain on or attached to the exterior of the house
• The roof pitch of the principal part of the house must be the same as it was prior to the development.

 If any of the limits set out above are exceeded then an application for planning permission will be required. If you are unsure, you should contact your local planning authority.

Find contact details for your local planning authority.

A carport can fall under permitted development rights provided it meets certain limits and conditions set out in legislation. If you exceed or fail to meet a requirement then you will require planning permission.

If not attached to the house, a car port will be treated as an ‘outbuilding’. A full list of requirements is available on our outbuildings common project.

Read our outbuilding common project.

A roof window (or skylight) is fitted flush within the slope of a roof, while a dormer projects outward, creating additional headroom and floor space.  

Both can be installed under permitted development but must meet specific size and position limits to qualify.  

Also consider building regulations for a new dormer, find out more on Planning Portal  

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