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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
In many cases, yes. Converting a single residential property (Class C3) into a small House in Multiple Occupation (HMO) for up to six occupants can often be done under permitted development rights, specifically under Class L. This means that planning permission isn’t usually required.
However, if your property is located in an area covered by an Article 4 Direction, permitted development rights are removed, and you would need to apply for full planning permission to change the use from C3 (dwellinghouse) to C4 (HMO).
Read more information about use class changes on Planning Portal
Planning permission is not required for internal changes such as changing a bathroom to an accessible wetroom, however, if you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.
Building regulations approval will likely be required for changes to a make a bathroom accessible, specifically when the change will impact the structure of the room, drainage and electrical systems. It is recommended to have work completed by a member of the competent person scheme.
Bricking up or infilling an existing window is classified as permitted development, meaning an application for planning permission is not required to complete the works. You will need to ensure that any materials used are of a similar appearance to the existing exterior of the house.
If you live in a listed building, then you will require planning permission and listed building consent for the change. In this instance it is best practice to talk to your local planning authority first.
You typically will not need planning permission to install a hot tub in your garden, as it is classed as an outbuilding and within the permitted development rights in terms of size and portability. However, you may need planning permission if you live in a listed building or conservation area, you should check first with your local authority.
The hot tub will need to adhere to the building regulations in terms of safe and adequate electrical installation by a registered competent person. Find out more about using a registered competent person.
Also, if the hot tub is placed within a building such as a large shed-style structure, there will be separate planning and building control limitations on that structure.
Adding a permanent wheelchair ramp for access to a home is likely to require planning permission as it will permanently change the external appearance of the front of the house. If the application is solely for improving disable access to the building then the planning application will be exempt from a planning fee.
If you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.
All permanent wheelchair ramps must comply with Approved Document M of the building regulations which specifies the gradient, width and surfaces which should be used.
