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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
You will often not require planning permission to fit a log burner. If you are adding a new external flue or chimney then different rules will apply.
If you live in a listed building you will require listed building consent.
The installation of a log burner must comply with building regulations. It is recommended that you use a HETAS-registered installer who can certify the work. Visit the HETAS website to search for an installer.
Read more information around fitting an external flue or chimney in our common projects section.
A garden gazebo or freestanding awning will often fall under permitted development rights provided it abides by the restrictions set out by government. In this instance a garden gazebo or freestanding awning will be classed as an outbuilding and should not be in front of the house or more than 2.5 metres in height.
Different rules apply if the awning is attached to the house itself. It may still be permitted development, but falls under the class of enlargement, improvement or alteration.
Read more information including the full list of rules for outbuildings
A bin store is classed as an outbuilding, these fall under permitted development rules meaning they are allowed as long as they adhere to a set list of rules. However, one of these rules is that outbuildings cannot be placed in front of the principal elevation*. As such, you will be required to apply for planning permission to build a bin store or any permanent structure in your front garden.
Read more about the rules for outbuildings.
Principal 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.
If you're doing electrical installation work in your home or garden in England or Wales, you must follow the building regulations. It's recommended to hire an installer who is registered with a competent person scheme (a registered competent person’) who can self-certify that the work meets the required standards.
Planning permission may be required for external insulation if it impacts the external appearance of the building. If materials are of a similar appearance to those used in the construction of the house, then permission will likely not be required.
Listed buildings will require listed building consent for any significant work.
If you live in a Conservation Area or other protected area you will need to apply for planning permission before making changes to the outside of your house.
Further information and building regulations advice is available on Planning Portal. Read our external walls common project.
