The common question we get asked on a number of occasions here at Studio Charrette is, ‘What do I do? I’ve built this, but I don’t have any planning permission?’ Carrying out development without planning permission is not usually, by itself, a criminal offence. If you build without approval, your local council can issue enforcement notices, order you to demolish or undo the work, or demand you submit a retrospective planning application. Approval is never guaranteed; if refused, failing to comply with a takedown order is a criminal offence. Have you built or undertaken work without consent? If so, contact us; we may be able to help you. Book in a planning appraisal by emailing [email protected] with the site address and full details of what has been built, and we will discuss the necessary and required steps to help you resolve the situation.
We would never advise that you build without first obtaining planning permission (or a lawful development certificate if applicable). If you did build without these, the building work could be considered to be unlawful, and the local authority could commence enforcement action against you. Often this means that the building works are suspended part way through the project, and the owner will likely incur increased costs due to the suspension, continuing finance costs, planning costs, and project re-commencement at a later time. The site will also need to be kept secure during the suspension.
What is enforcement action in planning?
If the local authority did consider the building work to be unlawful, it is likely an enforcement officer would visit to understand what has been done and what is unlawful. Then you would receive a letter from the enforcement officer stating that they believe elements of the building works on the site may be unlawful, and you would have a period of time to either demolish the building works or make a retrospective planning application for planning permission.
What is a retrospective planning application?
You need retrospective planning permission when you’ve carried out unauthorised development without obtaining planning consent in advance. This typically applies in situations such as:
- You have built a structure without planning permission (e.g., extensions, outbuildings, or conversions that exceed permitted development rights).
- You have changed the use of a property without permission (e.g., converting a house into flats or a commercial space without planning approval).
- You have made alterations that affect a listed building or a conservation area without the relevant consents, including Listed Building Consent, should the works be to a listed building.
- You have undertaken development that differs significantly from approved plans (e.g., increasing the height of an extension beyond what was approved). • You have displayed advertisements without the necessary advertisement consent (e.g., signage installed on a shopfront or roadside without approval). • You have carried out works on a protected tree without consent (e.g., pruning, lopping, or felling a tree covered by a Tree Preservation Order or a tree located in a conservation area).
In many cases, people find themselves in this situation unintentionally. Maybe you assumed the work was permitted because your neighbour did something similar, or perhaps you didn’t realise that different planning rules apply to listed buildings or properties in conservation areas. Whatever the reason, it’s a common problem and one that can usually be addressed if you act quickly. If your local council becomes aware of the unauthorised development, you may be served with a planning enforcement notice. This is where things get more serious. A retrospective planning application is a planning application for building works that have already been carried out before the application was made. The application will need to contain much the same information as a planning application made before the building works have been carried out.
What if my retrospective planning application is refused?
The local authority reviews a retrospective planning application against local and national policy and determines it as either ‘granted’ or ‘refused’. They are not under any obligation to grant it even though it has been built. If it is granted, the enforcement officer will confirm to you that the case is closed, so long as the permission granted is aligned with the building works carried out. If the application is refused, then you will receive a local authority enforcement notice requiring you to restore the site back to its original state before the building works are carried out. This means demolishing the building works that you have recently had carried out. At this point you have 3 key options:
1. Demolish the building works
2. Appeal the planning decision, or
3. Apply for alternative planning permission, offering to modify the works.
How to respond to a planning enforcement notice
To avoid forced demolition, restoration requirements, and potential fines, you generally have two routes. You can either submit a retrospective planning application to regularise the development or appeal against the enforcement notice within the specified timeframe, which is typically 28 days from the date it was issued. The right option for you will depend on the nature of the breach, the planning context of your site, and whether your development could realistically be approved. However, if permission is refused or your appeal fails, you may be legally required to remove the development or restore the site to its previous condition. And if you don’t comply, enforcement can escalate to prosecution, significant fines, or direct action taken at your expense.
Book in an appraisal with us by emailing [email protected], providing your contact details, the full site address and what it is you have done, and we can help you. We will even email the Council Enforcement Officer for you once we are instructed to take on your case. They will hold any enforcement action in abeyance if we advise them we have been formally instructed to submit a retrospective application for you to rectify the breach of planning. Provide us with all the details of your project and any letters from the Council, and we will do the rest. We will contact you to book in a suitable time to have a phone or Zoom consultation with one of our expert consultants. They will, prior to your consultation, research your site address so that you can have a detailed and informed discussion about how we can try to address and rectify the breach of planning control. We discuss your project with you, talk about the most suitable type of application, the reasons why we are recommending that type of application and what the likelihood of success of the application would be. Shortly after the call, on the same day, you will receive by email our written summary and advice discussed during your consultation. You will also receive a quotation from us explaining what our fees are for the work on that type of application.
