Your feedback matters
Want to learn everything about Webflow? Download our free eBook today.
.svg){kind=small}
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
Work that requires building control approval will require a completion notice to be submitted to the building control body. The completion notice must be sent within five days of the work being completed, once submitted, the building control body can visit the site to complete a final inspection.
If the work meets the required standards they will issue a completion certificate.
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.
Many homeowners choose to replace their traditional polycarbonate conservatory roof with a solid tiled roof for better thermal efficiency.
If the change significantly alters the structure or appearance of the roof, then planning permission may be required. Most alterations to roofs are considered permitted development, providing they meet the limits set out in legislation.
A new roof must comply with building regulations to ensure it is structurally safe, energy efficient and properly ventilated.
Climbing frames are classed as ‘outbuildings’ meaning they are classed as permitted development, not requiring an application provided they meet the limits set out in legislation. One of these limits is that they cannot be in front of the house.
The key restrictions for a climbing frame will be the height; how close it can be to the properties boundaries and where it can be located.
A full list of limits and conditions can be found on our outbuildings common projects.
If the climbing frame exceeds any of the limits set out in legislation an application for planning permission is required.
An application for full planning permission for a change of use is often required when changing from a house (use class C3) to a residential institution (use class C2). This is due to the increased activity which a C2 use would have on the local street area through the addition of visitors, staff and changes to parking.
Read additional information on use classes and changes of use.
