What is the retrospective planning permission 10 year rule?
If you have heard of the retrospective planning permission 10 year rule or the 4 year rule, you might be wondering what this means. Basically, these apply to renovations that have been completed without planning permission that have been in use for either four or ten years without any challenges by enforcement action.
What is a retrospective planning application?
If you have made a change to your property that requires planning permission and you have not had approval, a local authority can request that you submit a retrospective planning application for the work that you have already carried out. The local authority will make the request to the owner or occupier of the land concerned.
How long does it take to get planning permission for extensions?
It will usually take between 8 – 13 weeks to obtain planning permission or retrospective planning permission. Disclaimer: The images included in this piece are of extensions and works that were given planning permissions.
Can I secure planning permission retrospectively?
You may secure planning permission retrospectively if your application proposal is considered to be acceptable. However, if this is not the case and permission is refused, then it is very likely that planning enforcement action will follow. Imagine you are about to start on a building project. You're very excited and eager to get going.
What is the time limit for retrospective planning permission?
There is no specific time limit for retrospective planning permission, unless Enforcement Action has been taken, however there are several aspects that may influence when approval is sought.
What happens when retrospective planning permission is refused?
Firstly the applicant needs to remove or revert back to the original situation, for example by ceasing the unlawful use or physically removing the offending construction works.
What is a retrospective planning application?
A retrospective planning application is an application to the relevant Local Authority seeking approval for the relevant development or constructions works or to rectify a change of use that has occurred without seeking such consent prior or is contrary to an existing approval.
Why is permission needed for planning permission?
In many cases, permission is needed to rectify a failure to comply with the original planning consent, be it because the design has changed since the original determination date or that the relevant planning conditions haven’t been fully adhered to.
What is the 4 year rule?
There are also time limits, colloquially known as the 4-year rule or 10-year rule, meaning that retrospective planning permission may not be required if these time limits have been reached although clarification may be required.
How long does it take to get a permit for a minor?
For minor applications, including householder applications, Local Planning Authorities usually have a target of 8 weeks to grant permission. For major application, these targets are extended to 13 weeks.
Can you appeal a refusal of planning permission?
Thirdly, it is usually possible to submit an appeal, to the Planning Inspectorate, to challenge the refusal of the retrospective planning permission. For more information please click here.
How much money do you get back if you refuse consent?
If consent is refused, you get £5k back for the reduced property value, plus up to £5k for the alterations.
Can planning officers tell you anything?
Sounds about right, if you go back to them anytime outside of the last few weeks , they usually can't tell you anything as nobody has even looked at it by then. the planning officers use the deadlines set out in the application as their deadlines too.
What is Retrospective Planning Permission?
Retrospective planning permission is planning permission sought after a development has been built. Planning regulations allow landlords to apply for planning permission retrospectively after they have carried out unauthorised works or a use, and the planning law requires Local Planning Authorities to accept and consider them.
How many cases of retrospective planning consent are granted?
But before you panic, let’s look at those numbers again. What they’re saying is that in 88% of cases retrospective planning consent is granted, and if you’ve got good advice, that becomes even more likely. So let’s explore the rules, regulations and quirks of retrospective planning.
What happens if you don't comply with a planning enforcement notice?
Therefore, you need to either make a retrospective planning application or submit an appeal against your planning enforcement notice. If You Have Had a Planning Enforcement Notice...
What happens if you change your building without planning permission?
We’re going to say this one more time: Carrying out building works or a change of use without the necessary planning permission can result in court action and legal penalties.
How long does it take to conceal a development?
Another important detail of this law is that if you are found to be deliberately concealing a development – like the farmer who attempted to conceal a castle behind hay bales – the four-year period doesn't begin until the development is discovered. Once that has happened, it's more than likely that the council will take action because the project was wittingly concealed.
How long do you have to sell a house?
But if you haven’t reached four years and want to sell the property, or your records are incomplete, or your neighbours have complained to the council or you suspect they are going to, then the four-year rule is no help.
Can an enforcement officer invite you to submit a retrospective planning application?
It is not unusual for an enforcement officer to invite you to submit a retrospective planning application during the course of your planning enforcement investigation to allow you to regularise the unauthorised material change of use of the building or development.
When is the 4-year rule applied?
The 4-year rule and the 10-year rule may be applied when considering either an unpermitted residential development or a change of use.
What happens if you get approved for a property?
If your application is approved, the Local Planning Authority will provide you with a certificate of lawfulness. You can then be reassured that your property and its use complies with all the necessary regulations.
What happens if you deceive your local planning authority?
It is worth noting that if you deliberately deceive your Local Planning Authority and/or conceal the planning breach then enforcement action is likely to be taken. It is crucial that property and landowners observe the relevant planning laws.
What is the 10 year rule?
The 10-year rule covers any breach of use of land or buildings (excluding dwellings) which has not been challenged by enforcement action for the period of at least ten years. N.B. A ‘dwelling’ is deemed by planning law to be a class C3 in terms of use and is covered by the 4-year rule. The 10-year rule also applies to a breach ...
How to get a certificate of lawfulness in London?
Applying for a certificate of lawfulness is a complex process and is something that your London architect can help you navigate. You will need to provide a host of documents as evidence that the building has been developed or used as you claim. Depending on your situation, documents required may include tenancy agreements, utility bills, receipts of building works undertaken, to name a few. All will need to span the four or ten year period in question. Your architect will be able to advise you on what is required.
How long does it take to get a certificate of lawfulness?
If you think your planning contravention falls under either the 4-year or 10-year rule then you will need to apply for a certificate of lawfulness from your Local Planning Authority.
How long is a breach of the 4 year rule?
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 Do I Need to Make a '4 Year Rule' Application?
As such, you should prove continued uninterrupted use of your dwelling as separate self-contained flats for the established minimum of four years.
How long does it take to get a certificate of lawfulness for a C3 building?
In this case, you can apply for Certificate of Lawfulness after four years of continuous use. For uses other than C3 — for example, C4 House in Multiple Occupation — you need ten years' continuous use to apply for Certificate of Lawfulness.
How Do I Know if I Qualify for the '4 Year Rule' — and What is the '10 Year Rule'?
A Certificate of Lawfulness generally applies to the continuous use of a building over 10 years - hence it also (confusingly) being known as the 10 Year Rule. You can get a certificate if you can demonstrate that:
What is a 4 year certificate of lawfulness?
Homeowners and developers can use the Certificate of Lawfulness legislation to retrospectively bring their property into line with local council regulations. In order to do that, they have to unequivocally prove that the property has been in constantly in the same use for the previous four years – which is why it's known as the '4 Year Rule'.