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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
In many cases, you can extend a house without applying for planning permission by using what's known as permitted development rights, provided certain limits and conditions are met. However, if your plans go beyond these restrictions, you will likely need to apply for householder 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.
Building a porch at ground level and under 30 square metres in floor area is normally exempt from the need for building regulations approval.
This is provided that glazing and any fixed electrical installations comply with the appropriate sections of building regulations.
To find out more about the building regulations for porches, visit Planning Portal.
Find out more about glazing and electrical installations
Removing a chimney stack may fall under permitted development rights, meaning no application for planning permission is required provided certain limits and conditions are met.
The permitted development right which covers this focuses on the installation, alteration or replacement of a chimney, note that this does not specifically mention removal. Rules in a conservation area may differ, in this instance you should contact your local planning authority directly to understand their position, and if the building is listed, then you will need listed building consent.
To ensure that the local planning authority will allow the removal of the chimney stack you can apply for a lawful development certificate. If approved, then no enforcement action can be taken against the change.
If the chimney is shared (i.e. as part of a terrace), you might need to discuss with relevant neighbour and obtain a party wall agreement.
Building regulations approval may not be required if you are removing the external chimney stack above the roof. If works progress to the internal chimney stack or breasts, then it will require building regulations to understand the structural impact.
Read more about planning and building regulations on Planning Portal.
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.
