What is retrospective planning permission? Everything you need to know for your home renovation
This two storey rear extension in a conservation area in Lewisham was granted retrospective planning permission in March 2023. The application was made by Redmond Ivie Architects.
Retrospective planning permission is permission that is granted for development has already happened. It's a simple idea, but there are a few important things to keep in mind if you are considering making an application for retrospective permission. In this guide we will explain how it works, when you might need it, and what to do if your application is refused.
Contents
When do you need to get retrospective planning permission for your renovation?
1 - Requested by the local planning authority
3 - Selling the property and regularising unauthorised work
4 - Breach of an existing permission
I've been refused retrospective planning permission, what happens next?
Time limits on enforcement - the 4 year rule and 10 year rule
The basics
All development is supposed to be approved (or 'consented') by government before construction can begin. This even applies to permitted development, though in that case it has been pre-consented at a national level by a law that means that applications to a local authority don't need to be made.
If the development wasn't approved before being constructed as it should have been, then an application can be made for retrospective planning permission afterwards. Other than being done retrospectively, the application and determination process are just the same as normal. The fact that the development has already happened should not be taken into account by the local authority - neither in favour of the development nor against it - and it will be treated just as a normal application would. A retrospective planning permission has the same legal weight as a normal permission.
When do you need to get retrospective planning permission for your renovation?
There area a few scenarios in which a retrospective application could be the right course of action.
Your local council might request you make an application for retrospective planning permission if they become aware of development that has occurred without planning permission. This could, for example, be a rear extension you've just started building, and your neighbours may have contacted the council to inform them. The council have the option of serving an enforcement notice, but instead they have given you a way of making the development legal by getting consent retrospectively.
Note: If you receive an enforcement notice without prior communication from the council, consider reaching out to a planning officer to volunteer for a retrospective application.
You may want to apply for retrospective planning permission if you have realised that, through a mistake or oversight, you didn't apply for permission when you should have. For example, you may have thought the rear extension you are building would be considered permitted development, but part way through construction you realise that it will exceed the permitted development size limits because your property had been previously extended. Rather than plough on ahead and hope nobody notices, you can take the proactive step of contacting the council and asking to make a retrospective application, avoiding any potential trouble down the line.
Just as solicitors involved in property transactions want building control regularisation certificates for any unauthorised building work, they may also want proof that the renovation was lawful in planning terms as well. Depending on when that work was done (see time limits below), and whether it would be considered permitted development, that proof may be lawful development certificate, or it may be retrospective planning permission.
If you did get planning permission prior to starting construction, but the building work doesn't match the permitted design or conditions, you could apply for retrospective permission to vary the original consent. This could happen because the design needed to change during construction for some reason - perhaps the renovation work or excavations uncovered something unexpected, and the work couldn't be completed as per the original consent. In this scenario your retrospective application would likely be to vary the existing permission with a non-material amendment, or a Section 73 application to remove or vary a planning condition.
How the process works
Other than timing, the process for obtaining retrospective planning permission is identical to getting permission prior to starting construction. If, prior to starting construction, you would have needed to make a householder planning application then that is the same application you will have to make retrospectively. Similarly, if you would have needed to make an application for demolition in a conservation area then that is the kind of retrospective application you will need to make.
You will need to submit the same information you would have had to submit normally. For a home extension this is likely to be drawings of the existing and proposed building, a location plan, and a design and access statement.
The application will be considered by officers just as an application of that type would be normally. If, under normal circumstances, officers would use their delegated powers to approve the application then that is what they will do retrospectively. The fact that the work has already happened should not be taken into account as part of the decision making process - officers will not punish an applicant for making the application retrospectively, but neither will they be lenient because the work has already been done.
Decisions for minor applications such as householder planning applications are usually made within 8 weeks.
Cost
The costs for making retrospective applications are identical to making the application normally. There is no additional fee for being done retrospectively. A householder application for a renovation or extension costs £206 plus service fees, as can be seen on the Planning Portal fee calculator.
I've been refused retrospective planning permission, what happens next?
If your application is refused, you have the option to appeal the decision. In that case the application will be reviewed by the Planning Inspectorate, a national, independent body. A planning inspector considers the material submitted to the council as well as the appeal documents, visits the site, and comes to a decision based on planning policy to either allow the appeal or dismiss it. After a retrospective application is refused the council's next step is to take enforcement action, so if you are going to make an appeal you should let the council know immediately.
If you do not tell the council you intend to appeal you will be issued with an enforcement notice by the council, most likely requiring you to put things back the way they were. This means demolishing the new structures you had built without permission and rebuilding the old structures that were previously there.
This loft extension in Lewisham by BuildMyDesign was refused retrospective permission in July 2023, and an appeal was lodged. At the time of writing this article the outcome of the appeal is unknown.
You can appeal the enforcement notice (which is different from appealing the decision to refuse permission), but if your retrospective application has already been refused and the appeal dismissed, you cannot appeal the enforcement notice on the grounds that planning permission should have been granted. However, you can still appeal the enforcement notice based on other grounds.
The only viable alternative to appealing the enforcement notice is complying with it, as non-compliance is a criminal offence and subject to an unlimited fine.
Time limits on enforcement - the 4 year rule and 10 year rule
If enough time has passed since the original planning breach then the development work can be deemed lawful, as long as:
it wasn't deliberately concealed,
isn't in a conservation area
isn't to a listed building.
There are two important time limits on enforcement to note: 4 years for building and construction work and 10 years for everything else (including breaching planning conditions and changes of use). It's important to note that a new bill in parliament aims to replace the 4-year limit with a blanket 10-year limit on all planning breaches, so very soon the 4 year limit will cease to exist.
After the time limit on enforcement has passed, you can apply for a lawful development certificate instead of retrospective planning permission.
How successful are retrospective planning applications?
In 2020 Churchill Home Insurance publicised their research into the outcomes of almost 40,000 retrospective planning applications made in the preceding three years, and found that 1 in 8 were refused. The corollary is that 7 out of every 8 retrospective planning applications are granted, which is very slightly higher than the average rate of success for all planning application in England at 86%. This suggests that retrospective applications truly are treated in the same as normal applications.
However, remember that these figures are averages across an entire country, and the success of any individual application, retrospective or not, will come down to its merits.
Conclusion
Not all hope is lost if you've commenced work without planning permission - far from it! As we have seen, retrospective planning permission provides a straightforward path to legalising your renovation work, with a high average success rate. However, the consequences of failure can be steep. Not only will you incur the costs of returning the site to its original state, but you'll also be burdened with the expense of rectification work. Remember, while retrospective applications are a viable option, applying for planning permission before construction starts is always the safer choice.
Dreaming of your own renovation? Preview Studio can help by creating a sketch design in just 3 days. We'll assess whether your project falls under permitted development or requires a planning application, providing you with the guidance you need to make the right choices for your home.