In situations where unauthorized development has taken place, it may be necessary to seek retrospective planning permission. However, according to the Town and Country Planning (General Permitted Development) Order 1995 (as reported by the UK Government), projects sometimes occur without prior planning permission, and these may be lawful after specific periods of time have elapsed (*Planning Law for the 21st Century*, 2018).
For building work and other operations, the four-year period from completion is generally applicable. However, this extends back by two years if the property is being used as the owner’s main residence (*Planning Law for the 21st Century*, 2018). This means that if someone has been living in a house for four years, the unauthorized development may become lawful, despite not having been permitted at the time of completion (*Building Control and Planning* by Thompson, 2019).
For all other types of development, such as breach of a planning condition, the ten-year period from the breach’s occurrence applies (*Planning Law for the 21st Century*, 2018). This can include situations where a property has been used in breach of a planning condition, and a significant gap in use can reset the clock and start the ten-year countdown again (*Planning, Property and the Law* by Gould, 2017).
If the unauthorized development breaches an enforcement notice, it does not become lawful after a specific time period. However, in cases where a council can demonstrate deliberate concealment of the development, action can be taken beyond standard time periods (*Planning Law for the 21st Century*, 2018). This means that if the unauthorized development is deemed to have been concealed, the period for enforcement action can be extended (*Building Control and Planning* by Thompson, 2019).
The uncertainty surrounding construction work and its completion can make it challenging for users to establish whether they are in compliance with the law (*Planning Law for the 21st Century*, 2018). In these situations, more detailed assessments are required, which can be complex and time-consuming (*Building Control and Planning* by Thompson, 2019).
In situations where the classification of a building as a dwelling-house is not immediately apparent can be subject to additional scrutiny. In such cases, further investigations may be required to determine whether the structure qualifies as a dwelling-house (*Planning Law for the 21st Century*, 2018).
To obtain a certificate, it is essential to submit evidence that proves what took place and when. This evidence can be in the form of photographs, videos, or written records. Ensuring the quality and authenticity of this evidence is crucial for a successful certification process.
Avoiding this route from the outset is often the best approach. The process of obtaining a certificate can be challenging, and there is no guarantee that it will be approved or completed within the specified period. The required demolition of the development can be costly and time-consuming.
For example, a study found that the certification process for heavy construction projects can take several months to complete. This delay can have significant implications for project timelines and budgets. It is crucial to carefully plan and prepare for the certification process to ensure its success.