What is a Breach of Building Control?

A breach of building control occurs when unauthorised development that requires planning permission is undertaken without approval. These breaches can involve violations of national and local planning rules, triggering enforcement actions from the local planning authority. For instance, construction that deviates from approved plans or unauthorised use of a property can both constitute a breach.

When a breach is identified, an Enforcement Notice is issued, typically giving 28 days to appeal or address the breaches, the notice outlines the necessary remedial actions to address the violation. Failure to appeal an enforcement notice means compliance with its demands is mandatory, which may involve drastic measures such as demolishing unauthorised structures. Compliance with these notices is crucial to prevent severe repercussions, including criminal prosecution and potential unlimited fines.

The enforcement period for different types of breaches varies. For unauthorised construction works, the enforcement period is generally four years, while other planning control breaches typically fall under a ten-year timeframe. Properties classified under Use Class C3, which includes single dwelling houses, have a four-year enforcement period for changes, highlighting the importance of understanding specific regulations that apply to different property types.

Time Limits for Enforcement Action

Local authorities have the power to enforce against breaches of building regulations within certain timeframes, governed primarily by the building regulations 10-year rule. Planning enforcement actions typically commence when unauthorised developments lack the necessary planning permissions. However, actions can extend beyond these limits if breaches have been deliberately concealed or obtained under false pretenses, in accordance with local council regulations.

A common misconception is that enforcement actions cannot be taken after 12 months. In reality, planning authorities can initiate actions at any time, particularly in cases of concealment or through high court injunctions. Understanding this helps property owners and developers prepare for potential legal proceedings and ensure compliance with prescribed timeframes.

Formal enforcement action can lead to serious consequences, including unlimited fines for non-compliance. Following the ten-year rules and understanding the time limits for enforcement action is crucial for maintaining legal compliance and avoiding costly penalties.

How to Prove Continuous Use or Development

To claim immunity from enforcement action under the 10-year rule, proving continuous use or development is essential. This can be achieved through various forms of evidence, including tenancy agreements, utility bills, and electoral roll documents, which collectively demonstrate that the use or development has been ongoing without interruption for the required period.

For non-residential properties, alternative evidence like satellite imagery can help to substantiate claims of long-term usage. Presenting strong and convincing evidence is crucial for adhering to operational development rules and avoiding a enforcement notice. Operational development rules are guidelines that regulate activities such as construction, engineering, and land excavation. These rules ensure that all work is carried out legally and with due regard for environmental impacts.

Applying for a Lawful Development Certificate

A Lawful Development Certificate (LDC) serves as a legal document confirming the lawfulness of a change of use or development that has not already faced an enforcement notice. This certificate is crucial for providing legal assurance against future enforcement notices.

To apply for an LDC, the site owner must provide substantial evidence demonstrating that the development has been lawful for the required period. Along with the supporting evidence mentioned above, a Detailed Design and Access Statement can also support the application by proving continuous use. Clear and convincing evidence may negate the need for independent verification.

If a Certificate of Lawfulness application is refused, the site owner can reapply with additional evidence or appeal the decision, working with a planning consultant may be a good idea when reapplying. Requesting a postponement of enforcement action while the application is under review is also advisable. Notably, neighbors cannot formally object to an Lawful Development Certificate application, which can be beneficial for contentious developments.

When can I apply for a Lawful Development Certificate?

You can apply for a Certificate of Lawful Development if there has been a change of use or breach of planning rules without enforcement action from the local authority.

The eligibility to apply for an LDC arises after a 10-year period for breaches occurring on or after 25 April 2024, or a 4-year period for breaches that occurred before this date. The duration required to demonstrate lawful use varies, with a four-year enforcement period for changes to a single dwelling house and a ten-year period for other breaches of planning control.

Retrospective Planning Permission vs. Lawful Development Certificate

Retrospective planning permission and a Lawful Development Certificate (LDC) are two separate approaches to legalising completed building developments without prior consent.

Retrospective planning applications are required when a development or construction work has been carried out without prior approval from the local planning authority. It seeks to legitimise the work by obtaining formal permission after completion.

Lawful Development Certificates on the other hand, do not grant permission to the proposed development but instead provides legal confirmation that an existing use, operation, or building is lawful and immune from enforcement action. While retrospective planning applications focuses on securing approval for developments without planning consent, an LDC is often used to confirm lawfulness under permitted development rights or the 4-year and 10-year rules. Choosing the correct approach depends on the nature and circumstances of the development.

Common Misconceptions About the 10 Year Rule

There are several common misconceptions about the ten year rule.

• A major misunderstanding is that the rule prevents enforcement actions in all cases. In reality, enforcement can still occur, especially in cases of deliberate concealment or false pretenses.
• Another misconception is that the 10-year rule applies universally within the UK. However, it does not affect developments in Wales, which follow different regulations.
• If a previous stage of development is deemed unlawful, it can reset the 10-year rule’s time limit.

Understanding these nuances helps property owners and developers navigate the complexities of regulations more effectively, your planning consultants can help explain these misconceptions in more detail.

Strategic Planning Solutions for Long-Term Compliance

Strategic planning solutions are essential for ensuring long-term compliance with planning conditions and regulations. Obtaining a Certificate of Lawfulness can offer legal assurance against future enforcement actions regarding the development.

Consulting with planing specialists is essential for navigating changes in planning legislation effectively. We are experienced planning consultants who can help you stay informed and proactive in understanding planning requirements, which can prevent breaches and ensure ongoing compliance, get in touch to discuss planning compliance on your development.

Conclusion

Understanding the building regulations 10-year rule and its implications is crucial for property owners and developers. This rule provides a framework for legalising developments without prior permission, helping avoid potential legal pitfalls and ensuring compliance with building regulations. By proving continuous use, applying for Lawful Development Certificates, and understanding enforcement actions and appeals, you can navigate the complexities of building regulations more effectively.

In conclusion, staying informed and proactive in understanding planning requirements is key to maintaining compliance. Engage with local authorities, seek professional advice, and leverage strategic planning strategies to ensure your developments remain compliant over the long term. Head back to our blog homepage for more architecture articles!