What Is Retrospective Planning Permission?

If you have undertaken building work and have recently found out that planning permission was required for this work to have been carried out responsibly and legally, then you can apply for retrospective planning permission for your project. 

However, as planning permission should legally be sought out before the construction work begins, there are many rules and regulations around applying for retrospective planning permission.

Enforcement officers regularly check to ensure all building work has the necessary planning permission required for it to be carried out. This can lead to your project being placed under investigation if you do not already have the correct planning permits.

What Is Retrospective Planning Permission?

Retrospective planning permission refers to planning permission that is granted or sought out after the construction work has already taken place. 

Planning regulations allow landowners and property owners to apply for planning permission for their project after they have completed unauthorised works. Planning law requires the local planning authorities to consider and accept applications for planning permission retrospectively.

Each case will be assessed individually by the local planning authority, just like any other application. The fact that you submitted your application after completing unauthorised works, or that the work has been in place for many years, does not make it more or less likely to be approved or refused.

Planning permission can be secured retrospectively if your application proposal is considered to be acceptable. However, if retrospective planning permission is refused, then it is quite likely that planning enforcement action will follow.

Why Do Landlords Receive Planning Enforcement Notices?

Usually, a planning enforcement officer will invite you to submit a retrospective planning application during the course of a planning enforcement investigation carried out on your land or property. This is to allow you to authorise the change of use of the building or development.

There are a few reasons why people can end up having to apply for retrospective planning permission. However, you shouldn’t assume that retrospective approval is an easy way to get around seeking planning permission in the first instance and carrying out a project illegally. 

For example, some people may have undertaken work such as the construction of a house extension or a kerb drop and not realised that planning permission was required for them to build that due to the regulatory requirements their land or property presents.

In other cases, a home or landowner may not have considered checking their limitations properly and have concluded that planning permission wasn’t necessary when it in fact was.

What Is The Retrospective Planning Process?

Retrospective planning permission applications typically begin upon a landlord or property owner receiving an enforcement notice asking them to seek retrospective planning permission for their project. 

Get the application form from your local planning authority for the correct planning permission for the building work, and fill it out with details about your property and the work you’ve done.

You should also gather supporting documents such as photographs of the completed work,  structural drawings and construction plans if you have them, site plans, floor plans and elevations will also be useful when submitting a retrospective planning application.

A summary that offers a clear explanation of the work carried out and gives reason as to why it should be approved. There will also be fees to pay to submit your application, the amount you need to pay will vary depending on the size of the project and your local authority.

Once you have put together your retrospective planning application and submitted this to your local planning authority, they will then consider this and approve or deny your application.

Consulting with a planning expert will help you to understand the requirements and implications of your retrospective application. A planning expert will also be able to assess the changes you’ve made to your property, review your application, consider the impact of your construction on the surrounding area, ensure compliance with all local building regulations and policies and provide pre-planning advice.

You should allow between 3 months to a year for your local planning authority to process your retrospective planning application. If your planning application is approved, you’ll have 3 years to start work and 5 years to complete it.

Can Retrospective Planning Permission Be Refused?

If your local planning authority refuses your retrospective planning application, they could also ask you to demolish the building works you have undertaken completely or to restore a property to its original state. And if you refuse, the council may then apply for a court order to grant them the rights to demolish or restore the building themselves.

It isn’t just your construction work that could be penalised – it could be work that was undertaken by a previous owner. However, the responsibility still falls to you as the current owner of the property or land on which that work has taken place, and it is you who will have to seek a retrospective planning application for the work.

If you’ve applied for retrospective planning permission, and it has been refused, the local authority now knows about your unauthorised works and will likely take action.

What Is The Time Limit For Retrospective Planning Permission?

The likelihood of obtaining retrospective planning permission decreases significantly for changes made more than 20 years ago. 

However, if your local planning authority hasn’t taken any enforcement action against you and the development or work has existed for the required time, then you may be able to apply for a lawful development certificate instead. This certificate proves that the changes have been in place for a certain period and are immune from enforcement action. 

There are also certain stipulations and rules surrounding the length of time a development project or improvement has existed for, including the 4-year and 10-year rules.

What Is The 4-Year Rule For Retrospective Planning Permission?

If you have been using the property for the same purpose for 4 years and can prove this, then you can apply for a lawful development certificate.

But if you haven’t reached 4 years, and you now want to sell the property, or if your records are incomplete, then the four-year rule isn’t going to be helpful. In that case, you will have to apply for retrospective planning permission.

 What Is The 10-Year Rule For Retrospective Planning Permission?

In April 2024, the four-year rule was replaced by a ten-year rule. This means that moving forward, all works that receive enforcement notice that have been completed without the required planning permission will need to demonstrate ten years of continuous use under the same purpose rather than four. 

This is, obviously, much more difficult and may lead to more people choosing to apply for retrospective planning permission than attempting to gain a lawful development certificate.

Is Retrospective Planning Permission More Expensive To Acquire?

Retrospective planning permission can often be more expensive than applying for planning permission before carrying out your construction works. However, there are fees to pay on both applications.

The cost of retrospective planning permission is usually similar to a standard planning application, but there may be additional processing fees to pay and the amount of fees will be dependent upon the size and scale of your development and the local planning authority who are processing your application.

Other fees to consider include hiring a planning consultant or architect to prepare documents and support your application. If your retrospective planning application is refused by your local planning authority, then you may need to alter or remove the work, which can be costly. 

If you choose to appeal the decision of the local planning authority, then you may incur additional costs for legal advice and representation. Some may also face legal action, including fines or prosecution if they don’t comply with planning laws.

What Can You Legally Build Without Obtaining Planning Permission?

Lots of basic works are covered by permitted development rights. For starters, upgrading your home’s interior. As long as it doesn’t change the footprint of the property, it’s usually within your rights as a property owner.

However, there are some exceptions to look out for. For example, if your property is a listed building, then there will be specific rules and conditions for you to abide by. You may instead have to apply for listed building consent to make changes to windows or doors. Something that cannot be done retrospectively.

Other permissible works include converting a structure that’s attached to your house into an additional functioning living space. 

It is always wise to seek the advice of a planning consultant to help you to review what is required for your plans before you carry out any work that may eventually have to be restored or demolished.

How Can Planning By Design Help You?

As leading planning consultants, we can help you to ensure that your applications for planning permission, retrospective or otherwise, are reviewed and remain within the limitations and requirements of the land. We can also ensure that your application appeals to the local planning authority.

We will also work with you to draw up or obtain any floor plans or required construction drawings to help to support your retrospective planning application.

Get in touch today to speak to one of our planning consultants and advisors and see how we can help you.