Planning Enforcement — What Happens If You Build Without Consent

What Is a Breach of Planning Control?

A breach of planning control occurs when development is carried out without the required planning permission, or when a condition attached to a planning permission is not complied with. Common breaches include building an extension that exceeds permitted development limits, changing the use of a building without consent, or failing to comply with a condition requiring approval of materials.

Importantly, a breach of planning control is not a criminal offence in itself — but failing to comply with an enforcement notice is.

Does the Council Have to Act?

No. Local planning authorities have a discretion as to whether to take enforcement action. Their decision is guided by the National Planning Policy Framework, which states that enforcement action should be proportionate to the breach. Councils routinely decide not to pursue enforcement where the harm caused is minimal or the breach would likely receive retrospective consent.

Time Limits for Enforcement

This is one of the most important rules in planning law:

• **4-year rule:** For operational development (buildings, extensions, etc.) and change of use to a single dwellinghouse, the council must take enforcement action within **4 years** of the breach occurring. If they do not, the development becomes lawful.
• **10-year rule:** For all other changes of use and breaches of planning conditions, the time limit is **10 years**.

Once the relevant period has passed, you can apply for a **Lawful Development Certificate (LDC)** to formally confirm the development is lawful. This is important for selling the property.

The Enforcement Process

1. **Planning Contravention Notice (PCN):** The council may serve a PCN requiring you to provide information about the breach. You must respond within 21 days.

2. **Enforcement Notice:** Sets out the breach, what must be done to remedy it, and a compliance deadline (usually a minimum of 28 days, but often longer). You have the right to appeal an enforcement notice to the Planning Inspectorate.

3. **Breach of Condition Notice:** Where you have breached a planning condition. No right of appeal against the notice itself (only against the underlying planning permission).

4. **Stop Notice / Temporary Stop Notice:** In urgent cases, the council can require work to stop immediately.

5. **Injunction:** In the most serious cases, the council can apply to court for an injunction requiring cessation of works or restoration of land.

Retrospective Planning Permission

You can apply for planning permission for works that have already been carried out — this is known as a retrospective or ‘Section 73A’ application. The council will assess it on its merits in the same way as a prospective application. If granted, the breach is resolved. If refused, an enforcement notice is likely to follow.

Impact on Selling

Solicitors acting for buyers will ask specific questions about planning compliance. If there is an unresolved breach — or works where it is unclear whether consent was obtained — they will require it to be resolved, either by regularisation or by taking out indemnity insurance.

Indemnity insurance for planning breaches typically costs £100–£500 for residential works and is a one-off premium. However, it does not protect against enforcement action where the council is already aware of the breach — it only covers future risk.

Store all planning correspondence, enforcement notices, and LDCs in your Property Passport so your conveyancer has everything they need at the point of sale.