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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

Do I need planning permission or building control approval to raise the height of an external doorway?

Whether raising the height of an external door requires planning permission depends on the location of the door, location of the property and how drastic the height change will be.

For smaller changes to the side and rear of the property, permitted development rights may apply, meaning no application or planning permission is required.

Where the height change will be substantial and have a significant impact on the building’s appearance, planning permission is likely to be required. Especially in cases where the door to be heightened is on the principal elevation of the property.

Principle elevation - The most visible or prominent side of a structure, typically facing a street or public area. While often considered the 'front' of the building, it may not always contain the main entrance.

In designated areas such as conservation areas, or on listed buildings you may require additional approvals such as listed building consent.

If you believe permitted development rights apply to a small change, you can apply for a lawful development certificate to ensure this is the case.

Building regulations

Building regulations approval will likely be required where the change impacts the structure of a building, this primarily occurs when an opening is widened. When altering walls you may want to consult a structural engineer.

Can I put a flagpole in my garden and how tall can it be?

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.

Do I need permission to remove chimney breasts?

Planning permission is not required to remove an internal chimney breast as the change does not impact the exterior of the house. Rules may differ if you are planning on removing the chimney stack, or if you are in a conservation area.

If you live in a listed building, then you will need to apply for listed building consent for any major changes to the building.

Building regulations approval will always apply when removing chimney breasts as they are part of the building’s structure. You should seek advice from a structural engineer who will provide drawings and calculations that can be submitted as part of your application.

What documents to I need to make a planning application?

Your planning application must be made up of:

  • The necessary plans of the site
  • The required supporting documentation
  • The completed form
  • The correct fee.

The local planning authority will not be able to process your application unless the mandatory supporting documentation has been provided. You can also attach any other relevant documentation which you think will help the local authority determine the application.

What supporting documentation must be provided depends on the application type,  development type and local planning authority.

There are two levels of mandatory documents, national and local. If you’re applying online, the service will tell you what mandatory documentation you need to provide and allows you to attach the relevant documents. Most applications will require you to provide a location plan and a site plan.

In addition to the national list, your LPA may produce a list which details any specific documentation that is required to accompany the application. The requirements may vary according to the type of application, i.e. household, full, outline, etc. If you are applying online, this list is available from the supporting documents screen or your local planning authority’s website.

For more information around what to submit visit the how to apply section on Planning Portal.

Is there a maximum height for a new dormer?

Yes, under permitted development, a new dormer must not be higher than the existing highest part of the roof. It should also have materials that are in similar appearance to the existing roof. Additional limits apply in conservation areas and on listed buildings. Read about planning permission for loft conversions on Planning Portal

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