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What happens if I build without planning permission?

If you carry out development without the necessary planning permission, and it doesn’t fall within permitted development rights, you may be in breach of the planning rules. In such cases, you will usually need to submit a retrospective planning application to seek approval for the work already completed or started. However, there is no guarantee that permission will be granted.  

Learn more about planning breaches on Planning Portal  

Common Questions

Can I upgrade my windows and doors to reduce heat loss?

Inefficient windows and doors can significantly contribute to heat loss. Replacing single glazed windows by installing double glazing can cut heat loss through windows considerably. Double glazing works by trapping air between two panes of glass creating an insulating barrier that reduces heat loss, noise and condensation.  

If you can't replace all the windows, why not choose the rooms that cost you the most to heat? Other options to reduce heat loss through windows include sealing gaps or using thermal blinds.

You don’t usually need planning permission for repairs, maintenance and minor improvements or replacing windows and doors that are of a similar appearance.

Building regulations apply to replacement glazing, in terms of thermal performance, air supply, ventilation, safety and means of escape.

Read about planning and building rules for doors and windows

Do I need planning permission to put up a fence, gate or garden wall?

You will not need to apply for planning permission if you wish to erect a new; or alter, maintain, improve or take down* an existing fence, wall or gate if certain conditions are met. If any of the conditions are not met, then you will need to apply for planning permission.

Find out about the limits and conditions for fences, gates and walls.

Fences, walls and gates do not require building regulation approval. Even though building regulations do not apply, the structures must be structurally sound and maintained.

If you share a wall with a neighbour, it may be classed as a ‘party fence wall’.

What is the 10-year rule for planning enforcement?

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.

How can I contact my council's planning department?

A council’s planning department, known as the local planning authority (LPA), is the local government body responsible for managing and overseeing the planning system in a specific area.

You can use the search tool on Planning Portal to find the contact details for any local planning authority in England and Wales.

Find your local planning authority.

Do I need permission to remove chimney stack on a property in a conservation area?

Removing a chimney stack may fall under permitted development rights, meaning no application for planning permission is required provided certain limits and conditions are met.

The permitted development right which covers this focuses on the installation, alteration or replacement of a chimney, note that this does not specifically mention removal. Rules in a conservation area may differ, in this instance you should contact your local planning authority directly to understand their position, and if the building is listed, then you will need listed building consent.

To ensure that the local planning authority will allow the removal of the chimney stack you can apply for a lawful development certificate. If approved, then no enforcement action can be taken against the change.

If the chimney is shared (i.e. as part of a terrace), you might need to discuss with relevant neighbour and obtain a party wall agreement.

Building regulations approval may not be required if you are removing the external chimney stack above the roof. If works progress to the internal chimney stack or breasts, then it will require building regulations to understand the structural impact.

Read more about planning and building regulations on Planning Portal.

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