What is retrospective planning permission and how easy is it to get? Experts explain why it may be harder than you think

If you already made significant changes to your home, and it now transpires that you should have sought permission from the local planning authority, then you'll need to understand what retrospective planning permission is so you can put things right.

Knowing when you do and don't need planning permission can be complicated, as it depends on various factors including where you live, what work you plan on doing, and the alterations that have been made to your home previously.

But if it turns out you should have submitted a planning application and you didn't, then you have options available to you that could save you from having to undo the changes you've made

What is retrospective planning permission?

'Retrospective planning permission is when you’re trying to get approval for work that’s already been done without permission,' says Jason Corbett, owner of Rowallan Buying Agents. 'It can be a pretty long and complicated process, taking anywhere from 8 to 13 weeks.'

Robert Quinton, home improvement expert and owner of Construction Megastor, adds: 'This often happens when homeowners realise they've made a mistake, or if they are asked by the local authority to apply for permission after changes have been noticed.'

Ideally, you would submit your planning application and gain consent before the work starts. But if you didn't, then retrospective planning permission is the way to go to make your work lawful. This will be necessary if you want to avoid enforcement action that could involve undoing the changes you've made at your own expense, and if you plan on selling your home in the future.

How difficult is it to get retrospective planning permission?

The process of securing retrospective planning permission can be challenging. Robert says: 'The process can be complex, as it requires submitting detailed plans and justifications for the unauthorised work.'

You will need to justify why planning permission wasn't obtained before the building work began, which can be a lengthy and stressful process.

Can a retrospective planning application be refused?

Just because the building work has already been done, it doesn't mean that you will automatically be granted retrospective planning permission. In fact is it far from guaranteed.

If the work fits within national and local planning policy frameworks, then your request for retrospective planning permission would be granted.

However, if it doesn't then you could be required to make changes in order to secure permission, or undo all of the changes you've made and revert your home to its previous state. After you've already forked out to make the alterations or additions in the first place, this can mean further significant costs.

FAQs

What is the 10-year rule for retrospective planning permission?

There are time limits for the local authority can issue enforcement notices, and nothing is issued during this time, then the work effectively becomes immune from enforcement action. But these time frames depend on the type of rule breach and when the work was done.

If the work was completed on or after 25 April 2024, then enforcement action must be brought within 10 years. For work completed before 25 April 2024, the time frame is four years.

However, there are certain circumstances where these time limits do not apply. This can include where there has been 'deliberate concealment of a breach'. You can find full details on the government website.

To avoid all of these potential issues (and the stress), make sure you always check with your local planning department or work with a planning consultant to determine if your proposed project requires you to submit a planning application.

If it does make sure you submit it, and gain approval before you start any building work.

If your project doesn't need planning permission, then it probably falls under the scope of Permitted Development. It can be useful to apply for a Lawful Development Certificate to confirm this, especially if you plan on selling your home in the future.