Section 171B states that “any other breach of planning control” is subject to a 10-year enforcement period. So, if you're trying to regularise a non-residential building, or deal with a planning condition that has not been complied with, you'll have to prove 10 continuous years of the relevant use.
within 4 years for a breach of operational development (e.g. building work) or an unauthorised change of use to a single dwelling house; within 10 years for any other breach of planning control (essentially any other changes of use and the contravention of planning conditions).
Essentially, if a property or development has breached planning permission laws or an unauthorised change of use has taken place, the local authority has 10 or 4 years (depending on the circumstances) to take enforcement action.
The 4-year rule in town planning allows property owners and landowners to gain immunity from planning enforcement action by the local planning authority for unauthorised residential development that has been in place for at least four years.
UK PLANNING PERMISSION and BUILDING REGULATIONS what’s the difference?
Can you live in an outbuilding without planning permission?
As long as you do not have sleeping accommodation and is under 15 sq m, then you will not normally need building regs. If the outbuilding is between 15 sq m and 30 sq m and more than 1m from the boundary again you ought to be fine again if it doesn't contain sleeping accommodation.
The seven-year rule is based on Section 157(4) of the Planning and Development Act (2000). This effectively means that local planning authorities can't issue enforcement notices for unauthorised developments that have existed for more than seven years.
In short, the 4-year rule allows you to legitimise certain unlawful developments (e.g. the change of use of a commercial building to a home or the subdivision of a house to multiple flats or HMOs) that have been in place – without planning permission – for at least 4 years.
How long does it take to get a certificate of lawfulness?
How long does it take to obtain? Once your application has been submitted, you can expect to wait up to 8 weeks for a decision. If by this time limit a decision hasn't been reached, you can make an appeal.
How long can a structure be without planning permission?
The 4-year rule covers any breach of building or operations development which has not been challenged by enforcement action for the period of at least four years.
What happens if I don't have a building control certificate?
If you don't have a Building Control Certificate, then the chances are that you cannot sell your home. You will need to disclose to any potential buyers that your home does not have Building Regulations approval.
If you fail to obtain planning permission and then build a shed there anyway, the local authority has the legal right to tear it down and remove your shed.
What size extension can I build without planning permission?
You can add a home extension or conservatory up to six metres, or eight metres if your home is detached, without needing to apply for planning permission. There's very little standing in the way between you and your dream home!
Can I sell my house without building regulations certificate?
But note that you will be liable as the current homeowner regardless of who did the work. And if you are selling your home, you must disclose any lack of a building regulation compliance certificate, otherwise you will put yourself at risk of legal liability in the future for hiding it.
If your insurance company finds out that no completion certificate has been issued (for example, the previous owner has asked for retrospective consent that was not given), it is likely that your home insurance will be invalidated.
Can a house be sold without a completion certificate?
Completion certificates are important when it comes to selling to your home because without one you could deter potential buyers. Also, mortgage lenders must be notified if the property doesn't have a certificate, which brings in an element of risk.
Can Neighbours object to a certificate of lawfulness?
Unlike planning permission applications, there is no formal consultation process for a certificate of lawfulness. This means that neighbours cannot object to the application. However, they may still raise concerns if they believe the development is not lawful, which could lead to further investigation.
A refusal to issue a LDC is therefore not necessarily conclusive that something is not lawful: it may merely mean that, so far, insufficient evidence has been presented to satisfy the LPA that the use, operation or activity is lawful.
*A note on certificates of lawfulness and enforcement: the four-year rule, which currently sets a four year expiration date on enforcement of unlawful use of residential properties, will soon be replaced by a ten-year rule. This change is part of the Levelling-up and Regeneration Act which became law in October 2023.
Is a certificate of lawfulness the same as planning permission?
For peace of mind you may choose to apply for a lawful development certificate (LDC). This is not the same as planning permission but is proof that your household building work is lawful. This option is well worth considering even if you are sure your project is permitted development.
What happens if you build without planning permission?
Some local planning authorities will bring enforcement action (whether by an enforcement notice or a breach of condition notice) and others will be more open to discussions. One common solution is to apply for retrospective planning permission to legitimise the “as built” development.
Many home improvement projects can proceed without getting the go-ahead from the local planning authority. But if you want to be 100 per cent certain that a project doesn't require planning permission or that a proposed or existing use of a building is legal, you can apply for a Lawful Development Certificate.
What happens if you build bigger than planning permission?
In almost every case, building bigger than your planning permission granted is a no-no. If you'd like to change the design of your extension after planning permission approval, you'll need to resubmit an application.
Planning permission normally lasts for three years and after those three years, the permission expires. If you had not implemented the permission already, you would need to re-apply.
Do I need a permit to run electricity to my shed UK?
Remember that if you do the work to power up your garden building or if the qualified electrician who does the work is not NICEIC-registered, you'll need to submit a building notice to your local authority and pay a building-control fee to get an electrical installation certificate (EIC).
