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.

Many homeowners choose to replace their traditional polycarbonate conservatory roof with a solid tiled roof for better thermal efficiency.

If the change significantly alters the structure or appearance of the roof, then planning permission may be required. Most alterations to roofs are considered permitted development, providing they meet the limits set out in legislation.

A new roof must comply with building regulations to ensure it is structurally safe, energy efficient and properly ventilated.

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Planning permission is not normally required to turn two properties into one by knocking through a party wall provided the changes are internal and do not impact the external appearance of the property.

You should check with your local planning authority that they agree, and there are not any previous planning changes or conditions which may have an impact.

Additional permissions may be required depending on the building’s history and their location. If the building is listed, an application for listed building consent will be required before any major changes are made to the dwellings.

The work will have to comply with building regulations, the focus will be on structural work and safety.

‍Read more about how building regulations apply to internal walls.

You can put one flagpole up to 4.6 metres high in your garden without needing to apply for planning permission. If it is higher than this or you live in a protected area such as a Conservation Area or listed building then consent will be required.

Certain flags can be flown without needing consent, such as national flags.

Read government guidance on flying flags for more information.

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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.