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.

A wall is a 'party wall' if it stands astride the boundary of land belonging to two (or more) different owners, for example the wall separating two semi-detached properties.

Some kinds of work carried out to a property may not be controlled by the building regulations, but may be work which is covered by the Party Wall etc. Act 1996. This is a separate piece of legislation with different requirements to the building regulations.

To find out more about party walls, visit Planning Portal.

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You will not need planning permission if a new or replacement driveway of any size uses permeable (or porous) surfacing which allows water to drain through, or if the rainwater is directed to a lawn or border to drain naturally.

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If the surface to be covered is more than five square metres planning permission will be needed for laying traditional, impermeable driveways that do not provide for the water to run to a permeable area.

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This guidance applies to houses, there are different rules for flats and maisonettes, converted houses, new houses or areas where there permitted development rights may be restricted.

Read about paving your front garden

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You may need to consider if a dropped kerb is required, largely dropped kerbs are not a planning matter but you will need to apply to your local council.  

Find out more about dropped kerbs

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A garden gazebo or freestanding awning will often fall under permitted development rights provided it abides by the restrictions set out by government. In this instance a garden gazebo or freestanding awning will be classed as an outbuilding and should not be in front of the house or more than 2.5 metres in height.

Different rules apply if the awning is attached to the house itself. It may still be permitted development, but falls under the class of enlargement, improvement or alteration.

Read more information including the full list of rules for outbuildings

Read further guidance on extensions.

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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