Your feedback matters
Want to learn everything about Webflow? Download our free eBook today.
.svg){kind=small}
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
In many circumstances, rules known as ‘permitted development’ rights allow you to extend a house without needing to apply for planning permission, providing specific limitations and conditions are met. If you want to exceed these limits and conditions, then it is likely that an application for householder planning permission will be required.
The limits and conditions for building an extension under permitted development rules are covered in our guidance on the Planning Portal, and there are other points to take into consideration.
Visit Planning Portal to find out more.
You do not need planning permission to move internal walls.
Removing a load bearing wall will require building control approval as it is altering the structure of the property. You will be required to provide a report from a structural engineer who will provide structural calculations.
Work on internal walls may also affect fire escape routes, ventilation, drainage or electrics. These should be considered during the design process and work should be carried out by a member of the competent person scheme where possible.
A pergola is classed as permitted development, meaning an application for planning permission is not required provided it meets specified conditions and limits.
Outbuildings cannot be installed on the principal elevation of the property, additionally any platform must not exceed 0.3 metres in height.
If the building is listed, then you will need to apply for listed building consent and planning permission for the change.
A shed is classed as an outbuilding which falls under permitted development rights, meaning that it does not require an application for planning permission. They can be built in conservation areas provided they meet the limits set out in legislation.
Specifically on protected land, including conservation areas, no part of the outbuilding can be on the side or front elevation of the house.
A full list of limits and conditions can be read on our outbuildings common project.
Planning permission is not required to move an internal doorway, provided it does not impact the external appearance of the building. If the building is listed, you will require listed building consent for any changes to the building.
Building regulations may apply if the wall is load bearing or is part of a fire escape route.
Read more about windows and doors from our common projects.
