Retrospective Planning Permission: How to Fix Building Work Done Without Consent

A practical guide to navigating enforcement notices and securing approval after the fact

Built first, asked permission later? You're not alone, and while it's not ideal, there are established ways to resolve the situation. The key is acting quickly and understanding your options before enforcement action escalates.

If You've Already Received an Enforcement Notice

Let's address the elephant in the room first. If you've already been contacted by planning enforcement or received a formal notice, we understand this is incredibly stressful. The good news? Receiving an enforcement notice doesn't automatically mean your project is doomed.

However, the reality is serious. Councils have the power to require removal or demolition of unauthorised works, and ignoring enforcement can lead to prosecution, substantial fines, and ultimately, demolition at your expense.

The case of Jim Bradwell in County Durham serves as a stark reminder – after repeatedly ignoring enforcement notices for over a decade, he was jailed for six months while the council demolished his unauthorised cottage. Don't let it get to that point.

When Do You Need Retrospective Planning Permission?

You'll need to seek retrospective consent if you've carried out development without proper authorisation. Common scenarios include:

• Extensions or outbuildings that exceed permitted development rights

• Change of use without planning approval (like converting a house into flats)

• Listed building alterations without listed building consent

• Work in conservation areas without proper permissions

• Development that differs significantly from approved plans

• Unauthorised signage or advertisements

• Tree work without consent in protected areas

Many people find themselves in this situation unintentionally – perhaps assuming work was permitted because a neighbour did something similar, or not realising different rules apply to listed buildings or conservation areas.

Your Two Main Options When Facing Enforcement

When you receive an enforcement notice, you typically have two routes forward:

1. Submit a retrospective planning application to regularise the development

2. Appeal the enforcement notice within 28 days of it being issued

The right choice depends on your specific situation, the nature of the breach, and whether your development could realistically gain approval. If permission is refused or your appeal fails, you may face legal requirements to remove the development.

Understanding Retrospective Planning Permission

Retrospective planning permission is exactly what it sounds like – seeking approval for work that's already been completed. It's not unusual for enforcement officers to suggest this route as a pragmatic way to resolve planning breaches.

The key point to understand is that your application will be assessed on exactly the same criteria as if you'd applied before starting work. You're not penalised for applying retrospectively, but you're also not given any special consideration.

In some ways, retrospective applications can actually be easier to assess because planning officers can see the actual impact rather than trying to predict it from drawings. However, if your application is refused, you'll likely face enforcement action requiring you to undo the work.

Changes Under the Levelling-up and Regeneration Act 2023

Recent changes have made the rules much stricter. If you were previously refused planning permission and built anyway, you can no longer appeal an enforcement notice asking for permission to be granted (known as a "ground (a)" appeal).

There's one exception: if more than two years have passed since your original refusal, you may still be able to appeal. This change was specifically designed to discourage intentional unauthorised development.

The Costs Involved

Retrospective planning applications carry the same fees as standard applications:

• Householder applications (extensions, loft conversions, outbuildings): £528

• Full planning applications: Fees vary by project size, starting at £588 per 0.1 hectare for new dwellings

Beyond application fees, you'll need professional support. Fees for architectural and planning services typically start around £5,000 for extensions, £7,000 for conversions, and £10,000 for new builds.

While this might seem expensive, cutting corners with cheap services or unqualified practitioners often costs far more in the long run if applications are poorly prepared or rejected.

Appealing Enforcement Notices

If you believe the enforcement notice is wrong or your development should be permitted, you can appeal to the Planning Inspectorate. Time is critical – you typically have just 28 days from when the notice was issued.

Appeals are based on specific legal grounds under Section 174 of the Town and Country Planning Act 1990:

• Ground (a): Planning permission should be granted

• Ground (b): The alleged breach hasn't occurred

• Ground (c): Planning permission isn't required

• Ground (d): The time limit for enforcement has expired

• Ground (e): The notice wasn't properly served

• Ground (f): Required remedial steps are excessive

• Ground (g): The compliance timeframe is too short

Remember, the recent law changes mean you can't use ground (a) if you were previously refused permission and built anyway (unless more than two years have passed).

The Ten-Year Rule: When Time Makes Things Lawful

Sometimes, unauthorised development can become lawful simply through the passage of time. This requires applying for a certificate of lawfulness, but the rules changed significantly in April 2024.

Previously, some development could become lawful after just four years. Now, there's a unified ten-year rule for all new breaches. Your development must have existed continuously for at least ten years without enforcement action and be supported by clear evidence.

If your project was substantially completed before 25 April 2024, you might still benefit from the old four-year rule, though "substantially completed" isn't clearly defined in law.

The Concealment Exception

Here's an important caveat: if you deliberately concealed development from the council, the time limit doesn't start until they discover the breach. The famous case of Robert Fidler, who hid a mock-Tudor house behind hay bales for over four years, demonstrates this principle. Despite meeting the time requirement, he was ultimately forced to demolish because of deliberate concealment.

Success Rates and Reality

Research by Churchill Home Insurance found that around 87.5% of retrospective planning applications are approved – that's seven out of eight applications. While this sounds encouraging, ask yourself: can you afford to be in that 12.5% that gets refused?

Our Advice: Don't Risk It

If you're reading this before starting work, our message is simple: get your planning permission sorted first. Check whether you need permission, ensure you meet all permitted development conditions, and when in doubt, consult professionals.

Retrospective planning permission is possible, but you never want to be in a position where you're worrying about enforcement notices and potential demolition.

How We Can Help

At A+P Studios, we understand how overwhelming enforcement action can feel. As a team of experienced and planning professionals, we've helped numerous clients navigate retrospective planning applications and enforcement appeals successfully.

Whether you need to prepare a strong retrospective application, appeal an enforcement notice, or explore options under the lawfulness provisions, we can guide you through the process with clarity and strategic thinking.

Receiving an enforcement notice doesn't mean your project is beyond saving, but it does mean you need expert help to achieve the best possible outcome. The planning system is complex, especially when you're already under pressure, and having the right professional support can make all the difference between approval and enforcement.

Facing enforcement action or need to regularise unauthorised work? Get in touch for a confidential discussion about your options and how we can help resolve the situation.