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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
Running a taxi business from home will require planning permission as it constitutes a change of use of the property. The business may cause increased traffic or visitors, staff being in the property and external advertising, all of which would have an impact on the surrounding area.
You should contact your local planning authority or the Planning Guidance Service for more advice.
There are different planning fees for England and Wales, and many different application types depending on the work being carried out.
You can use the Planning Portal's fee calculator to work out fees for different kinds of proposal.
Use the fee calculator (England)
Use the fee calculator (Wales)
While every effort has been taken to ensure that the fee has been calculated correctly, the determination of whether a planning fee is correct is the responsibility of the relevant local planning authority, who will check the fee is correct when the application is submitted and validated.
Rules governing outbuildings apply to sheds, playhouses, greenhouses and garages as well as other ancillary garden buildings such as swimming pools, ponds, sauna cabins, kennels, enclosures (including tennis courts) and many other kinds of structures for a purpose incidental to the enjoyment of the dwellinghouse.
If you are unsure if your planned building falls into the category of 'outbuildings' or if you are unsure if planning permission is required, please contact your local planning authority.
Outbuildings are considered to be permitted development, not needing planning permission, subject certain limits and conditions.
Read about the limits and conditions for outbuildings
You will often not require planning permission to fit a log burner. If you are adding a new external flue or chimney then different rules will apply.
If you live in a listed building you will require listed building consent.
The installation of a log burner must comply with building regulations. It is recommended that you use a HETAS-registered installer who can certify the work. Visit the HETAS website to search for an installer.
Read more information around fitting an external flue or chimney in our common projects section.
Many trees are protected by Tree Preservation Orders (TPO) which means that, in general, you need the council's consent to prune or fell them.
A TPO is placed on a tree, group of trees or woodland with the aim of protecting them. The following is prohibited on a protected tree, without the local planning authority's (LPA) consent:
- Felling
- Topping
- Lopping
- Uprooting
- Wilful damage/destruction
Owners of the trees must maintain their trees, and an LPA will often encourage good tree management. However, they are unable to require maintenance work just because a tree falls under a TPO.
If you wish to complete work on a tree under a TPO you will be required to submit an application to the local planning authority. For full details on this application type, read guidance about works to trees and the application process.
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