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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
Planning permission is not required if the home will be used as a short-term let for 90 days or less throughout the year.
If you plan on using the home as a short-term let for more than this time period, then you will need to apply for planning permission for a change of use.
If you rent a room in your property while you still live there, you will not require planning permission.
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.
Changing a standard garage door to an electric garage door will not normally require planning permission. Instead, they are covered by permitted development rights.
Permission may be required if your property is listed, you live in a conservation area or there will be a visual impact on the appearance of the house as viewed from the street. If you are unsure, it is advised that you contact your local planning authority.
Work to install an electric garage door must comply with Part P of the building regulations. This can be done by using an electrician who is registered with the competent person scheme.
Visit the website for registered electrical competent persons.
Adding an internal wall will not require planning permission or building control approval in most cases. If the building is listed, then you may require listed building consent to make a major alteration to the house.
Any work completed should adhere to building regulations, ensuring fire routes, electrics and ventilation are considered.
Removing a non-load bearing wall will likely not require building control approval provided it does not affect fire escape routes, ventilation, drainage or electrics.
It is best practice to get a report from a structural engineer to ensure the wall is non-load bearing prior to starting any work.
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