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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

How long does it take for a decision after I submit my planning application?

Once submitted, your planning application first goes through a validation process. After its validated, the formal decision period is 8 weeks. However, in some cases, especially for more complex proposals or if further information is needed, your local authority may request an extension of time.

 

Understand more about the decision-making process on Planning Portal

Do I need planning permission or building control approval to install a new external door into my house?

The addition of a new external doorway will often fall under permitted development rights, meaning an application for planning permission is not required. This applies where the new doors are of similar appearance to those used elsewhere on the original building.

Permission may be required if your property is listed, you live in a conservation area oran Article 4 direction is in place. In these circumstances it is best to contact your local planning authority for more advice.

New external doorways which create a new or widened opening must comply with building regulations. A new structural opening will require a building regulations application.

The installation of a new door can be completed by a 'competent person' to ensure building regulation requirements are met. For more information on the competent person scheme and to find a registered person, visit the GOV.uk website.
What is a designated area?

A designated area is situated within a World Heritage Site, Conservation Area, Site of Special Scientific Interest, National Park, or an Area of Outstanding Natural Beauty, the area is protected by law due to its architectural or historic interest or landscape.

Due to this protection, there will be further limits on what you can do to your property if it is within such an area, for example building an extension, changes to the roof, or work to trees. Restrictions will be put in place and permitted development rights will not apply.

If you live in a designated area, you must seek advice from your local planning authority before starting any work.

What are the height restrictions for fences, gates and garden walls?

You can usually put up new fences, gates or garden walls without planning permission, as long as you stay within permitted height limits. If the structure is adjacent to a highway (including footpaths), it must not exceed one metre in height. For all other boundaries, the maximum permitted height is two metres. Anything taller than these limits will require planning permission.  

Read more about fences, gates and garden walls.

What are Approved Documents and where can I find them?

Approved Documents are official guides that explain how to comply with the building regulations. Published by the government, each document provides practical guidance on meeting the requirements of a specific ‘Part’ of the regulations. They cover a wide range of building work, including plumbing, electrical installations, extensions and ventilation.

The latest versions of the Approved Documents, which support the technical ‘Parts’ of the building regulations, along with Regulation 7, are available on Planning Portal.

Browse the Approved Documents.

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