Permitted Development - The 4 Year Rule Explained - Get PERMISSION for ANYTHING
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- เผยแพร่เมื่อ 1 ส.ค. 2024
- Learn more ⇒ planningforprofit.co.uk/free-...
Chapters:
00:00:01 - Using the Four-Year Rule in Planning Applications
00:02:11 - Evidence Needed
00:06:29 - Compelling Evidence of Long-Term Tenancy
00:08:44 - Showing your Evidence to the Council
00:10:44 - Understanding the Four-Year Rule for Residential Buildings
Permitted Development - The 4 Year Rule Explained
A lot of people make changes to their residential property or get a change of use to residential and look to the 4-year rule to straighten things out from a planning sense. It can cover everything from alterations to to the creation of new units.
Hi, my name is Ian Gracie and I have been in the planning industry for over 10 years. The 4 year rule is one that comes up a lot and more often than not when people get in touch needing advice on it - it’s too late. Hopefully this video will be the catalyst you need to get your house in order before you approach the Council. NEVER approach the local planning authority without first knowing the likely outcome. Shots in the dark is what gets people in hot water.
1) What is the 4 year rule - Permitted Development - The 4 Year Rule Explained
The 4 year rule is an area of planning where people seek to demonstrate that residential alterations to a dwellinghouse are lawful on account of them being in place for a period of at least 4 years from the point of completion. Extensions, changes of use and alterations to houses can all be deemed lawful using the 4 year rule.
Unfortunately it’s not just a case of showing a dated photo and you are away - there is a lot more to it than that. And it is very important that you make 100% sure of your position BEFORE you speak to the Council. If you are refused then you could be served with an enforcement notice and the only right of appeal is to the High Court which is not fun.
The important thing you need to know when using the 4 year rule is that the onus is on YOU. You have to demonstrate all of the information to the local Council - not the other way around. So it is important that you cover every step necessary. Because if an officer finds anything to the contrary then your application could be refused.
So what evidence do you need to prove that your works have been in place for more than 4 years.
2) Statutory Declarations - Permitted Development - The 4 Year Rule Explained
A statutory declaration is a formal statement made affirming that something is true to the best knowledge of the person making the declaration. Usually signed in the presence of a solicitor.
This is the first critical piece of evidence. This is essentially a statement from you, or anyone else who is relevant to the application, stating what you believe to be true which will then be backed up by the evidence you are submitting.
3) Completed plans and evidence of completion - Permitted Development - The 4 Year Rule Explained
Showing clear plans are a requirement if you are looking to demonstrate extensions and alterations to your house - or even sub-division of floor plans if you are showing the sub-division of a house to new units. These will need to supported by evidence by the contractor or builder who built it for you.
Everything from e-mails instructing the contractor, e-mails and evidence of start dates, photos of works as they are progressing and a certificate of completion from the contractor which is then backed up by more photos showing the completed development.
4) Utility bills and Council tax records - Permitted Development - The 4 Year Rule Explained
These are usually used to demonstrate the creation of new dwellings and they are a really important piece of information - they are less useful for extensions. Council tax records in particular will be a dated piece of evidence (from another part of the Council) that will show when the new units were created. If this is backed up by utility bills that are addressed to the units in question - it is very compelling.
5) Tenancy records & voting registration - Permitted Development - The 4 Year Rule Explained
Another critical piece of information - if Council tax records correspond to the tenancy records of the property then this is very strong. If the tenants then registered to vote each time which corresponds to each contract then very good.
6) Mortgage valuation reports - Permitted Development - The 4 Year Rule Explained
If you have taken a mortgage out against the property then the valuation report will be important. Again, this will be dated and it will also set out what the property is. Important if you have sub-divided and added extensions which will be within the report. This can also be accompanied by floor plans.
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Thanks You. Very good.
Welcome
Luckily I live in Wales where we still have the 4 year rule. I am thinking of building a small cabin/home in our woodland. I doubt I will be using an contractors so the only proof I would have would be my own photos and documents or receipts. Would that be enough proof for the council?
hi.. a matter of interest..if a stable block was built in july 2019, but then a visit by council happened in december 2021( 2.5 years), that caused planning to have to be submitted in april 22(under 3 years ) which after lengthy delays due to inaccurate statements and revised planning, and then subsiquently was refused after 4 years from stable block being built (18 months from application, can the 4 year rule still be used???
Hi Ian, I have a planning for a garage in the garden with access from road behind as I live on a corner, that I have used as a separate dwelling for the last 4 years. Have photos of work, kitchen/ boiler installation and have the same tenant (a friend) for the whole time who can do a witness statement, plus neighbours too. However I have never paid council tax on it and the services piggy back off the house. My friend has never changed the council records to living at this address as just keeps his post etc going to his mums as just up the road. He pays mix of cash and bank transfer, bank transfer usually a larger amount for a few months at a time. Will my evidence suffice you think? Also if knocked back, can you then submit a retrospective planning application rather than trying to appeal to high court? Or at least for ancillary accomodation failing getting the change of use/ retro application? Cheers kieran
Hi Ian I have an Annexe that built in 2013 I have all the permissions and Certificate Granted. My problems are do I still need a LDC for the change of use because I have a person living on it, 2023 not family related, and they start charging a separate council tax last year, because it's conseidered a self contained flat even though we have internal door. And I'm sure I cannot apply for 4yrs. rule bec. the utility bills is on me, and the council tax just started 2023. I have the planning officer keep telling me to apply for regularisation? Regularisation for what?
Please need your opinion.
Hi Ian, just subscribed as I’m interested in this topic.
Can you please keep us up to date further on this “Levelling up/ regeneration bill” on time limits for enforcement of planning?
Personally I’m interested what potential amendments might mean for those seeking enforcement, thankyou 👍
Will do Lukas. Thanks
Hi Ian does this apply in Scotland
Hi Ian,
If trying to get a residential dwelling on farmland or woodland regarding paying council tax....
Assuming the land has an address and postbox..
How would you pay council tax without alerting the authorities to what you are doing ?
I'm assuming this would flag up as a new residential address (that's not currently on their system) prompting an investigation?
My instinct would be to avoid the council tax for 4 years but keep evidence of residency and only alert them after 4yrs?
Thanks Shaun
Paying Council tax and the planning team are two different departments which would very unlikely communicate with one another before an application is in.
If the person next door on a semi detached property has an extention that has a wall only 50mm from the bountry, as taken as being half way through the width of the party wall, and its gutters and roof edge overhangs the boundry, do I have any recourse? The person who did it worked in the planning dept so I cant ring up without that person getting involved.
If something was built that does not match the drawings of the permission then it could be something that may have to be corrected if the result of the works is unacceptable to Council.
Hi Ian, i took over cafe with ducting pipe is at the back of shop not up on roof. landlord said ducting pipe from 1997. it is old and not function properly. If i want to replace it . Does the 4/10 years cover me without apply for planning permition to put ducting pipe on the roof ??
Hi @paobayford7047, for anything on commercial premises the rule is 10 years not 4. So if you made any changes you would be open to enforcement for up to 10 years from the time that you made the changes. It may be easier to just apply as it would likely be a very straightforward application.
Hi ian i love the content.
I have a small conservatory i am planning on making into a single bedroom on my bungalow.
I plan to remove completely And erect a timber frame construction with a rendered finish on the same footprint.
Will i need permission through permitted development or Will I only need to obtain building regulations?
I was hoping to use the 4 year rule and document all the work. but with the current position looking like the laws will change i find my self in a position where. I'm ready to start work and don't know Which way to go without involving an architect?
Thanks ian
if you are changing the external dimensions then you will need to check a few things to see if you can do it under permitted development or if you need to apply for planning permission. things like an article 4 direction? Type of property you are are in (terrace, detached, semi-detached have different rules) and then the actual dimensions of the extension and how it stacks up to the regulations.
What type of application one needs to add addtion to top an existing rear single extension (i.e. to convert a single rear extension to a double storey extension)?
Hi Nikki - you will need to apply for planning permission most likely
Hi Ian, advice needed please. Currently selling our house. Has a side extension that was built prior to us living here. Extension built late 70’s early 80’s, no planning records. We are in a conservation area but the house is not listed. Our buyers are requesting a lawful development certificate. Is this necessary and does the 10 year law apply to us.
Sure. You can contact me at ian@planningforprofit.co.uk
Thanks for this! If it’s for use as a seperate dwelling, does it have to be in use continuously for 4 years?
Hi Hermione, yes continuous use for 4 years.
Hi Ian still a bit confused: are you saying we should use our proof of over 4 years without formal planning permission to make an application to a council - which may be a bit dangerous - or we should marshall our proof to be able to defend an enforcement notice if it comes ?
Once 4 years have passed (the test will now be 10 years by Q1 2024) you can either submit a certificate of lawfulness to demonstrate that the works were completed or you can wait for an enforcement officer to come and demonstrate it that way. Highly recommend the former
What type of application you need to do for adding a bathroom window to an end of terrace wall?
Depends on a few things specific to your site (flat or a house, height of it, conservation area). Worth looking through the permitted development rights to find out for sure. But I think it will likely require planning permission
Does the 4 year rule apply to Protected Buildings II in conservation areas? Thanks Ian, Good content!
By 'Protected Buildings II' do you mean listed buildings? if so, then no. Any changes made to a listed building without consent would have no immunity despite how much time passes. It's also considered a crime to alter a listed building without consent.
Hi Ian, would the 4 year rule apply to a garage converted to use as a airbnb?
no - that would be 10 years
Hi Ian, what about locally listed building (residential). What I mean is residential locally listed building?
Locally listed buildings do not have the same protection as listed buildings. So the 4-year rule (soon to be 10) can be used
Can you please do video on Certificate of Lawfulness.
Will put one up soon!
Really looking forward to your LDC talk. My neighbour is claiming their new "garden" development use as a glamping business is exempt as it is P.D. when that is not correct. The DC are saying the developer needs to show 20 year's brownfield use. (Not possible) Developer got a rabble of frustrated-developer cronies to write statements in favour of the site as gdn. DC not accepting any if it. Appeal going on now. Your thoughts on LDC would be great. We just feel the LCD app is an enforcement stalling tactic. Yr thoughts wld be v much appreciated.
Can you get a postal address on a new dwelling put up on land without the council finding out in the first place?
When you register a property for Council tax, it is separate from the planning department. Planning departments do not have time check every newly registered property to then pro-actively see if it has consent. They only act once an application has been logged or the enforcement department have served a notice
Mate i love your videos, whare are you based?
Thanks Aman. I'm based in London & the south-east.
How I can reach you to discuss my situation.
Have a look at my about page or follow the link on any of my videos.
did the goverment change this law/rule
Yes - but will not legally take effect until secondary legislation is passed which likely be early 2024
Hi Ian, afraid you’re wrong here….
If you are referring to the 4-year rule becoming the 10-year rule then yes that's true this is about to become out of date likely by early 2024. But I have just released a new video about this since the Levelling Up & Regeneration Bill became law.
😂😂 pointless if the rules are about to be changed in April to 10 years!
The 4-year rule will likely become 10 but all the same rules will apply. It will just mean that owners and applicants will need to keep much longer and clear records of all work done to ensure they can use this route.
@@PlanningForProfit 10 years is ridiculous
Where did you hear it's going to be changed to 10 years?
Hi Ian, iv a building that the council have verbally said is of no issue, and that the satellite image shows its presence. The stumbling block is I have moved my caravan on there, and the neighbours have complained that I am living there. My end goal is to live on the land or have it as a lawful dwelling., preferably without any backdated council tax, or accruing current council tax. Would you be able to advise if I can live there now, either in the caravan or the building, or perhaps the best way forward. The more I google the more I get crossed up , thanks in advance
@@mattwoodproperty put couple of sheep (at least 3 I think) on the land, then you are allowed to have a farm animal ‘office’ that you use while tending to the farm animals.