Re: Re: Time limits on Planning

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Anonymous
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@john242 wrote:

Can anyone let me know how the planning systems works regarding extension built without planning permission. My elderly neighbour has asked me to research the regs on planning regarding his property. He is looking to sell the property in the near future but a number of years ago he built an extension without planning permission.
The extension was built approximately 15 years ago without issue. Is there a time limit after which a building becomes compliant or what will be the case with sorting this out??

Many thanks for any help.

For something built without permission, enforcement is limited to 7 years from the date of completion [check this], but for something built with permission, enforcement is limited to 7 years from the date of expiry of the Grant of Permission = 5 + 7 = 12 years.

You don’t provide any information on the extension itself, apart from its approximate age.

So long as it complies with the Exempted Development schedule and satisfies all the other relevant matters in planning law, it may already be compliant with the requirements of the planning legislation.

If the extension was not exempted, it is possible that compliance with the planning legislation could be achieved by seeking permission for retention of the extension.

This is not a forgone conclusion and exposes the owner to risk of refusal and subsequent enforcement action, but I am not able to point to case law where the statute had run out and had been re-enlivened in this manner.

You need the advice of a competent architect well-versed in planning law and exempted development to come and look at the extension.

Depending on the architect’s assessment; –

  • the architect may offer a cert confirming its exempted status, or
  • if not exempted the architect may offer advice in relation to seeking retention permission.
  • alternatively the architect may offer a cert confirming its exemption from future enforcement action.

ONQ.

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