Understanding the UK's 7-year planning permission rule

What is the seven-year rule?

The seven-year rule is a term used in planning and development that relates to planning law. It states that if work has been done on a property without planning permission, and more than seven years have passed since the work was completed, the new buyer doesn’t need to obtain planning permission to keep the property's developments.

What's more, if the property has been in use for at least seven years without any complaints, It can be sold without need for planning permission.

What is the seven-year rule based on?

The seven-year rule is based on Section 157(4) of the Planning and Development Act (2000). This effectively means that local planning authorities can’t issue enforcement notices for unauthorised developments that have existed for more than seven years.

So, this means that unauthorised development such as a conversion, extension and other similar developments will not be enforced with legal action.

Does this mean planning is granted?

No, planning is not granted, and the development still needs to be authorised. However, as seven years have passed, the local authority will not serve enforcement notices.

It's essential to note that planning enforcement action can be taken even after a period of seven years if a condition concerning the use of the land has not been satisfied. This is known as a breach of planning control, which can create potential issues for both a seller and a buyer.

Selling a house without planning permission

Is it illegal to sell a house without planning permission?

No! It isn't illegal to sell a house without planning permission. However, disclosing any known or suspected planning issues to potential buyers is essential. Suppose the property had been altered without meeting a planning condition or building regulations. In that case, it may affect the marketability and value of the property.

The buyer may also be liable for any future remedial works, an enforcement notice, or potential fines. This is why it's essential to be transparent when discussing your property with anyone interested.

It's recommended that you seek legal advice to gather any necessary certificates before selling a property to avoid possible legal issues.

It would also be beneficial to consult a real estate professional to ensure you take the proper steps before listing your home. A real estate agent will deal with how your home is marketed and portrayed to potential buyers.

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Should you obtain planning permission before selling your property?

Suppose you know that altercations have been made to your property without planning permission. In that case, you should consider obtaining retrospective planning permission or a regularisation certificate before selling.

This will make things easier for you when it comes to selling your home. If you have all the required certifications, your house value won't be negatively affected.

What is retrospective planning permission?

This type of planning permission is sought after building work has already been completed without obtaining the necessary planning permission beforehand. To find out more about how to acquire retrospective planning permission, have a look at the GOV.UK website.

What is a regularisation certificate?

A regularisation certificate is a document issued by the local authority, that certifies building work carried out without planning permission reaches the necessary standards set by the government. These standards are called building regulations, which set the quality for the design, construction, and alteration of buildings.

Building regulations are designed to ensure people's health, safety and welfare in and around buildings. They cover many areas, including structural safety, fire safety, energy efficiency, accessibility and ventilation.

To obtain a regularisation certificate, your property won't need to be pulled apart, although some invasive inspection may be required.

If your property isn't up to the standards set by building regulations, you may be required to undertake extra work to bring the building up to standard.

It's important to note that if you have carried out work without seeking planning permission, you may be issued with an enforcement action. The best way to combat this is to acquire either a regularisation certificate or retrospective planning permission.

What do you need to be aware of when it comes to the 7-year rule?

Although the seven-year rule shows leniency regarding those with unplanned development, there are still some things you should be aware of.

• For example, enforcement action can still occur after seven years if the individual still needs to meet the planning conditions related to utilising the property and land.

• For future sales, be aware that the need for planning permission may come up when discussing transactions with potential buyers. For example, you might need the required certification for planning permission, which you will not have. This can affect the success of your sale as well as the value of your property.

• To ensure that your property's developments meet the requirements, you can confirm with an architect. This will help your sale and allow buyers to feel confident in their decision.

Potential consequences of unimplemented planning permission

There are several implications of not having planning permission for developments in your home, which include:

1. Community objections: Neighbours or other community members may object to the development. Leading the authority to refuse both retrospective planning permission and a regularisation certificate.

2. Cost implications: There may be financial implications, such as the need to pay new application fees, planning consulting fees, and additional costs for redesigning the development.

3. Change in planning policies: Permitted development rights and planning policies may have changed over time, and the local planning authority might not grant planning permission for the same development today.

If you're worried about unauthorised development devaluing your home, check out our free Online Valuation tool to find out the value of your property!

How to sell a house without planning permission

First and foremost, be transparent with anyone interested in your property!

Reassure buyers that all work you've done meets the building regulations. If the local authority decides to take enforcement action after selling the property, the new owners will be forced to rectify the development.

There are several things you will need to do to ensure a successful sale!

These include:

1. Seeking professional advice: If you're unsure about any aspect of the planning process or selling your property, it's recommended to seek advice from a planning consultant, solicitor or an estate agent.

2. Consider obtaining planning permission: Depending on the nature of your development, you may be entitled to a retrospective planning application. If planning permission is granted, this may increase the overall value of your home.

3. Disclose the information: When marketing the property, be upfront about the lack of planning permission and any foreseeable issues that may arise. Make sure any information provided is accurate and truthful.

4. Be prepared for potential negotiations: Due to the lack of planning permission, you may need to negotiate your price with potential buyers. This is especially necessary if the value of the property has been affected.

It's crucial to remember that the rules and regulations for planning permission are complex and vary depending on the jurisdiction.

Certificates to obtain

When selling your home, having the required certificates is crucial, even if you don't have planning permission. There are several certificates you may need to provide buyers with; however, these depend on your property's circumstances.

These certificates are:

• Lawful Use and Development: You may be eligible to apply for this certificate if you have carried out development on your building without planning permission. This certificate confirms that the development is lawful and will help assure buyers.

• Building Regulations Compliance Certificate: If significant renovations or alterations have been made in the past, you might need to provide a certificate. This is especially important if you need planning permission. This certificate will confirm that the work was carried out in accordance with building regulations.

• Energy Performance Certificate (EPC): An EPC is a legal requirement for all residential properties in the UK that are being sold or rented. It provides information on the energy efficiency of the property.

• Gas Safety Certificate: If your property has any gas appliances, such as a boiler or a gas fire, you will need to provide a Gas Safety Certificate.

• Electrical Safety Certificate: As of June 2020, all landlords in the UK must provide an Electrical Safety Certificate for their properties. This certificate confirms that the electrical installations in the property are in a safe and good condition.

It's important to remember to seek advice from a professional when attaining certification. This is because the specific requirements for certificates will vary depending on factors such as location and property type.

For more information about what certificates to attain, look at our blog on selling a house without a building control certificate.

To ensure a successful sale, a solicitor or estate agent will help you gather all necessary documentation before listing your property.

Selling Tips

Selling a home is stressful enough, but it can be even more taxing without the required planning permission for alterations and developments. To ensure a successful sale, there are several things you need to consider.

For a house that has unauthorised development and alterations, here are some tips that might help you sell.

1. Highlight the potential: Even without planning permission, your property still has great selling potential and the potential for further development or an extension. Make sure the buyers are aware of this and highlight any possibilities that may exist.

2. Highlight other selling points: Many things make a wonderful home; features such as a modern and open living space, fireplace, a back garden, a conservatory, an attic, contemporary bathrooms and a kitchen are good characteristics to highlight.

3. Market your home to the best light: It's important that you showcase your home in a positive way, even though you don't have planning permission. There are plenty of inexpensive things you can do to ensure your home is presented well.

Here are small changes to present your home in the best possible way!

• Remove clutter and personal belongings: This will allow buyers to envision themselves living in the space.

• Allow natural light in your home: Allow for natural light by keeping curtains open and the space well-lit for an airy feel.

• Keep the home clean and tidy: Do a deep clean to ensure the house is spotless before viewings and that the odour is neutral and pleasant.

• Make minor repairs: Repair any minor damages such as peeling paint or lose tiles. This will show buyers that you take care of your home and they won't need to spend money on repairs.

• Enhance curb appeal: The first impression is essential, so make sure the exterior of your home is as appealing as the interior. This can be achieved by adding a fresh coat of paint to your front door and keeping the lawn well-manicured.

• Price the property competitively: Although your real estate agent will be in charge of doing this, warrant that the price is competitive and matches similar properties in your area. This will help attract potential buyers, increasing the chances of a successful sale.

Your estate agent will need to market your home in the best light, so it's crucial to choose the right agent!

Some things an agent will do to make sure your home is looking its best is:

1. Take good quality photos: High-quality photos will make your home look more attractive and professional online.

2. Stage the house: It's important your home is staged with furniture and accessories that show off the best features in the space.

3. Market your home using different platforms: Using both online and offline marketing platforms will allow you to reach different audiences, leading to a bigger pool of potential buyers.

Summary: The seven-year rule can work in your favour!

Selling a house can be a stressful experience, especially if you're worried about not having planning permission for any additions or alterations you've made to the property. However, it's important to remember that not having planning permission doesn't necessarily mean you can't sell your house.

The seven-year rule means that even if you didn't get planning permission for work done on your property, you could still be able to sell it without any legal barriers. With the right approach and guidance, it's still possible to successfully sell your house and move on to your next adventure.