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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
Research indicates that more than half of the population would like to build their own home at some point in their lives. While it is a significant commitment that demands time and dedication, the reward is a home designed specifically to suit your needs and lifestyle.
As part of the self-build journey you will have to consider many factors including:
- Finance
- Location and acquiring land
- Modular homes
- Planning permission.
Read detailed guidance about self-build homes on Planning Portal
Yes, but this type of conversion will require full planning permission. This is because you’d be changing the use of the ground floor from residential to commercial (typically to a use class such as E), while the upper floor would remain as a residential flat (Class C3). The change of use triggers the need for planning approval.
Find out more about change of use
Merging two flats into one, commonly known as amalgamation is likely to require planning permission as it will impact the local planning authorities housing supply. The council’s views on this will vary from council to council. It is recommended that you contact your local planning authority to understand their position.
If you do not need to apply for planning permission then you can apply for a lawful development certificate to prove that the change is lawful.
Building regulations will be required if there are physical works taking place as part of the amalgamation, this may include removing walls or changing electrics. Visit the relevant common projects on our site for more information.
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.
A 'listed building' is a building, object or structure in the UK that has been considered as of national importance in terms of architectural or historic interest and included on a register called the List of Buildings of Special Architectural or Historic Interest.
Buildings are listed to help protect the physical evidence of our past, including buildings, which are valued and protected as a central part of our cultural heritage and our sense of identity. Historic buildings also add to the quality of our lives, being an important aspect of the character and appearance of our towns, villages, and countryside.
There are three listing grades:
- Grade I - Buildings of exceptional interest
- Grade II* - Particularly important and more than special interest
- Grade II - Buildings of special interest, warranting every effort being made to preserve them (this is the most common)
If you live in a listed building it means you cannot demolish or alter the building in a way that changes its character without Listed Building Consent.
