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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.
Common Questions
Inserting new windows which look similar to those previously used in the house will often not require planning permission. Some rules apply to new additions, for example if they are on an upper-floor side elevation they must be obscure glazed and non-opening or more than 1.7 metres above the floor.
Installing a new bay window on the front elevation would require planning permission as it is classed as a forward extension.
If you live in a listed building or conservation area you should contact your local planning authority.
Any new openings will have to comply with building regulations, this may impact thermal heat loss, structure, ventilation and fire safety.
You can use a member of a competent person scheme to complete any work, this will ensure that the work is completed in-line with regulations.
Rules governing outbuildings apply to sheds, playhouses, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structures for a purpose incidental to the enjoyment of the dwellinghouse.
If you are unsure if your planned building falls into the category of 'outbuildings' or if you are unsure if planning permission is required, please contact your local planning authority.
Outbuildings are considered to be permitted development, not needing planning permission, subject certain limits and conditions.
Read about the limits and conditions for outbuildings
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.
Once you submit your application it will be considered by the local planning authority. The Planning Portal does not have access to the application once it is submitted.
You will need to contact your local planning authority to check on the progress of any submitted application. Many authorities now let you track the progress of applications on their own council websites.
Your local authority’s contact details and website address can be found by using our local authority search.
An application for full planning permission for a change of use is often required when changing from a house (use class C3) to a residential institution (use class C2). This is due to the increased activity which a C2 use would have on the local street area through the addition of visitors, staff and changes to parking.
Read additional information on use classes and changes of use.
