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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 build a porch without planning permission under permitted development rights, provided certain criteria are met. To qualify as permitted development, your proposed porch must:
- Not exceed three square metres in external ground area
- Be no taller than three metres in height
- Be located at least two metres away from any boundary with a highway
Read more about porches on Planning Portal
Planning permission is unlikely to be required for the installation of external damp proofing unless the work will change the external appearance of the building or is part of a larger project.
If you live in a listed building you will need listed building consent for any significant changes, this can include external damp proofing. Additional rules may also apply if you live in a Conservation Area or other protected area.
Building regulations approval is not required for installing an external damp proof course (DPC).
A dropped kerb is a sloping point in the pavement to provide access by vehicle to a property. Dropped kerbs aren’t usually a planning matter although it is recommended that you contact your local authority to find out if planning permission is required, and you will need to make a specific dropped kerb application for a domestic vehicle crossing licence to your local authority.
Work to create a dropped kerb must be carried out by a New Roads and Street Works Act accredited contractor.
Two storey rear extensions are considered to be permitted development, meaning they do not require an application for planning permission provided certain limits and conditions are met. If these limits are exceeded then you will need to apply for planning permission from the local planning authority.
Houses on designated land such as national parks or conservation areas are excluded from the permitted development rights and will require an application for planning permission.
To fall within permitted development rights, the extension should be no higher than the existing house, and where it is within two metres of a boundary, the eaves should be no higher than three metres.
Any double storey extension to the side or front of the house will require planning permission. You can view the full limits and conditions on our Two-storey extension Mini Guide.
If you live in a listed building you will require listed building consent for any major works to the property.
If you plan to put up a small, detached building like a garden shed, garden room, garden office, annexe or summerhouse (all classed as outbuildings), building regulations generally won’t apply if the building has a floor area under 15 square metres and does not include any sleeping accommodation.
For buildings with a floor area between 15 and 30 square metres, building regulations approval is usually not needed - as long as the building does not include sleeping accommodation and either:
- it is at least one metre away from any boundary, or
- it is built mainly from non-combustible materials.
Read more about the building regulations that apply to outbuildings.
Don't forget to check the permitted development rights for outbuildings.
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