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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
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.
Adding a new driveway to an unclassified road for access to a house or business falls under permitted development rights, meaning no application for planning permission is required.
If you live in a listed building, you will have to apply for listed building consent for any significant works, whether internal or external.
You will have to apply to the relevant highway authority for a dropped kerb if you wish to cross a pavement to access your property.
Adding a storey on top of an extension will always require an application for planning permission.
If you want to add a storey on top of your house under permitted development rights, it must be on the principal part of the house.
If you want to add an additional storey on top of your house, it can be permitted development. It is only permitted development if it follows certain rules:
The current house
- Is not a building containing one or more flats, or a flat contained within such a building
- Was constructed between 1 July 1948 and 28 October 2018
- Has not already had additional storeys added to it
- Is not on Article 2(3) land or a site of special scientific interest
- Was not changed to be used as a house (from a previous non-residential use) under permitted development rights.
How many storeys can you add?
- If the house is one storey then one storey can be added
- If the house is two or more storeys then two storeys can be added
Where can the storeys be added?
- The additional storeys must be added to the principal part of the house. The principal part of the house is the main part of the house excluding any front, side or rear extension of a lower height (regardless of these being part of the original house or subsequent additions).
- Engineering operations must only include works within the existing curtilage of the house to strengthen existing walls and foundations
How high can it be?
- The house cannot exceed 18 metres in total height
- Each storey cannot add more than 3.5 metres to the total height
- If the house is not detached the total height cannot be more than 3.5 metres higher than the next highest building that the house is attached to, adjoins, or is in the same row as.
- The additional storeys must have an internal floor-to-ceiling height of no more than 3 metres, and no greater than the internal height of any existing storey within the principal part of the house.
What materials can be used?
The materials used must be of a similar appearance to those used in the construction of the exterior of the current house
Where can windows be placed?
Windows must not be placed in any wall or roof slope forming a side elevation of the house.
Following completion of development:
- The house must remain in use as a domestic residential property
- No visible support structures must remain on or attached to the exterior of the house
- The roof pitch of the principal part of the house must be the same as it was prior to the development.
If any of the limits set out above are exceeded then an application for planning permission will be required. If you are unsure, you should contact your local planning authority.
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.
By law, any planning permission granted expires after a certain period. Generally, unless your permission says otherwise, you have three years from the date it's granted to begin the development. If you haven't started work by then, you will probably need to reapply.
