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.

Firewalls provide protection against fires spread which may occur to neighbouring properties. Building regulations ensure that modern homes are fitted with firewalls as well as other fire safety measures such as adequate fire escapes and alarm systems.

Older homes may not have a firewall installed in the loft, especially in homes with shared loft spaces. There is no requirement to retrospectively install a firewall, but it should be considered to improve the safety of your home and those living in it.

As an adjoining loft firewall is a party wall, you will need to talk to your neighbour to discuss the work.

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.

Rendering or cladding the exterior walls of your house may fall under permitted development rights, meaning an application for planning permission is not required provided you meet certain limits and requirements set out in legislation.

If you live in a listed building, you will need listed building consent for any significant works whether internal or external.

If you live in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty or the Broads, you will need to apply for planning permission before cladding the outside of your house with stone, artificial stone, pebble dash, render, timber, plastic or tiles.

Outside these areas, cladding may be carried out without having to first apply for planning permission provided the materials are of a similar appearance to those used in the construction of the house.

If the new materials will not have a similar appearance to those previously used you will be required to submit an application for planning permission.

Read more about change to external walls on our common project.

‍

Replacing existing render

Replacing existing render on the outside of your house with render of a similar appearance will not require planning permission as it is considered permitted development.

If you are changing the external appearance of the house or in a protected area such as a conservation area, then planning permission will be required. The external appearance of the house is likely to be changed when you are changing the type or colour of the render.

If the building is listed, then you will need listed building consent.

‍

Creating a new basement will usually require planning permission, particularly if it affects the external appearance of the property. For example, installing a lightwell to bring natural light into the basement may be subject to stricter design rules if it is visible from the street, especially at the front of the property, compared to those at the rear or side.

Because basement construction involves significant excavation and structural work, permission is often necessary. It’s recommended that you consult your local planning authority early on to understand what is likely to be considered acceptable before submitting a planning application. Building regulations will also apply to a new or conversion of a basement.

Read further guidance on basements.