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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
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
It is likely that you will require planning permission to extend an existing front porch to add a toilet.
Adding a porch falls within permitted development rights meaning an application for planning permission is not required provided specified limits and conditions are met. However, to fall under permitted development rights for a porch, the total ground area must not exceed three square metres. This is unlikely to be enough room to fit toilet and the required additional components.
Read the full rules for porches under permitted development on our mini guides.
If your porch exceeds these limits, it will be classified as an extension. These can be permitted development but come with a different set of rules.
Extensions are not permitted development if they are built forward of the ‘principal elevation’ of the house. As such, you will be required to submit an application for planning permission to your local planning authority.
If you live in a listed building, you will need listed building consent for any significant changes.
Changing from a commercial use (use class E) to residential(use class C3) falls under permitted development rights, meaning an application for planning permission is not required.
To use the permitted development right you must meet the rules and regulations set out in legislation, this includes submitting an application for prior approval to the local planning authority. The full list of conditions is available on the government website, or our online application form will tell you whether you are eligible.
If you are not eligible for the permitted development right, you will have to submit an application for full planning permission.
A roof window (or skylight) is fitted flush within the slope of a roof, while a dormer projects outward, creating additional headroom and floor space.
Both can be installed under permitted development but must meet specific size and position limits to qualify.
Also consider building regulations for a new dormer, find out more on Planning Portal
Following a grant of planning permission, it may be necessary to make amendments to the proposals that were originally approved. A non-material amendment may be applied for to approve a minor change to the planning permission which does not breach any conditions originally placed on the consent.
There is no statutory definition for ‘non-material’ as it can vary on a case-by-case basis. In general, if the change will increase the size, change the appearance of a development or have a large impact on other considerations then it will not be considered non-material.
Read more about this non-material amendment applications.
