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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
A soakaway does not normally require an application for planning permission provided it deals with surface water and does not discharge into a public sewer. Additional regulations may apply if you are in a conservation area or within the boundary of a listed building.
Building regulations will apply to the creation of a soakaway. The soakaway must comply with Part H of the building regulations which specifies where they can be located and the size that is permitted.
Read more about Approved Document H.
Demolishing and building a new lean-to will still have comply with planning requirements.
If you live in a conservation area or listed building you may require approval for the demolition.
Whether a lean-to requires planning permission will depend on what the lean-to is used for, it may be an extension, pergola, carport, conservatory or gazebo.
In some cases a building a lean-to will be classified as permitted development, meaning an application for planning permission is not required provided specified limits and conditions are met. If these are exceeded, then you must apply for planning permission.
Permitted development rules vary based on the type of work you are completing, visit our interactive house mini guides for details on the specific rules.
If you live in a listed building, you will need listed building consent for any significant changes.
Yes, in most cases you can use an outbuilding as a home office without needing planning permission. As long as the use remains incidental to the main dwelling it is still considered part of your domestic residential use.
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.
The conversion of a garage, or part of a garage, into habitable space, will normally require approval under the building regulations.
As part of the garage conversion, it is likely that the original garage door will be in-filled with a new wall and possibly a window or door, and a new foundation may be needed for the new wall.
As well as the foundation, you also need to consider:
- Floor
- Walls
- Ventilation
Read more about the building regulations for garage conversions.
