Councils investigate complaints about building work and changes of use that may need permission. Being contacted by the enforcement team is stressful, but most cases are resolved without formal action, as long as you deal with them properly.
Don't ignore it
The worst thing you can do is nothing. Councils have a range of powers, deadlines can be short, and ignoring a formal notice can be a criminal offence. Equally, don't rush into admitting a breach or agreeing to something before you understand your position.
The usual stages
- An initial letter or visit: the council asks questions or explains its concern. Often it's simply checking whether permission was needed.
- A request to apply: if permission was needed, the council may invite a retrospective application. Since April 2024 councils can also issue a formal enforcement warning notice asking for an application.
- Formal notices: if the issue isn't resolved, the council may serve an enforcement notice, a breach of condition notice or, in urgent cases, a stop notice.
Your options
- Show permission isn't needed: the work may be permitted development, or may already be lawful.
- Apply retrospectively: a retrospective application is judged in the same way as any other, and many are approved, sometimes with changes.
- Appeal an enforcement notice: there are set grounds of appeal, and the appeal must be made before the notice takes effect, which is usually at least 28 days after it's served.
- Put it right: sometimes the simplest answer is to alter the work so it's acceptable or within permitted development.
The 10-year rule
For building work completed, or a change to a single home made, on or after 25 April 2024, councils in England have 10 years to take enforcement action. Older cases may still fall under the previous four-year rule. Once the time limit has passed, the development may be lawful, and a lawful development certificate can confirm it.
Listed buildings are different. There's no time limit on enforcement for unauthorised works to a listed building, and carrying out works without consent can be a criminal offence.
How we can help
We look at what has been built and the planning history, advise on the best route, and talk to the enforcement officer for you. Then we prepare the retrospective application, the evidence for a lawful development certificate, or the appeal. See enforcement notices.
Book a free home visit
If you've had a letter from the council, get in touch early. Ben will visit, look at the work and the paperwork, and explain your options honestly.
Every site is different. This guide is general information, not advice on your project. For a straight answer about your property, book a free home visit: Ben will come and look, with no obligation.
Who'll handle your project: Benjamin Plunkett, our Managing Director and Planning & Heritage Consultant, is your point of contact from the first site visit to the decision. Charlie Plunkett MCIAT produces the drawings.
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