We're the only ecology consultancy that will refund your money if you don't get planning based on our advice (terms apply)
Retrospective Planning Permission
A retrospective planning application is a legal means of ensuring that a development carried out without prior consent meets planning laws. While an application may be granted, a council could refuse it and issue an enforcement notice requiring the land or building to be returned to its original state.
Editor at Arbtech, Rob is a content specialist who manages our ecology and arboriculture services copy to ensure it is accurate, up to date, and insightful for current and future clients.
An Overview of Retrospective Planning Permission
Retrospective planning permission is a formal process used to regularise property developments or changes of use carried out without prior consent. Under Section 73A of the Town and Country Planning Act 1990, owners can apply for approval after work is complete. The local planning authority assesses these “as-built” projects against current policies just as they would a standard proposal.
Securing this permission is vital for maintaining property value and ensuring legal compliance. Without it, you may face a formalenforcement notice: such a notice will require the total removal of the unauthorised structure. Additionally, a lack of consent can complicate property sales or mortgage applications.
While applying retrospectively is a legal way to remedy an oversight, success is not guaranteed. If the development breaches national and local standards and guidelines, it may be refused, leading to costly restoration requirements.
Professional planning advice and technical surveys are often used to demonstrate that the completed work meets all necessary regulatory standards.
Expert advice will be required to complete a retrospective planning application.
What is Retrospective Planning Permission?
Retrospective planning permission is an application submitted to a local planning authority for development that has already been completed as a means of securing planning permission.
Misunderstanding permitted development rights, actions carried out by a previous owner, a genuine mistake or particular circumstances may all be reasons for property owners to have committed a planning breach by progressing with construction work without a formal planning application being made. Deliberate concealment of information relating to a development’s history or building work will hamper an applicant’s case.
While the standard procedure involves obtaining approval before a project begins, retrospective planning consent often comes down to a way of regularising a change of use or a physical structure after the fact. It serves as a legal bridge to ensure that an existing development meets local and national planning policies.
How does Retrospective Planning Permission Work?
Many people wonder how does retrospective planning permission work in practice. Essentially, the local planning authority treats the application in the same way they would a standard application. Planning control officers will assess the development against the local plan and other material considerations.
If the development is deemed acceptable, the authority will grant planning permission and the development becomes lawful. However, if the application is refused, the local authority may take formal enforcement action, serving enforcement notices requiring the owner to return the land or building to its original state within the relevant time limit.
Unauthorised building works may be stopped immediately pending granting of planning permission.
Applying for Retrospective Planning Permission
To apply for retrospective planning permission, a formal application must be submitted to your local council. The process requires detailed “as-built” architectural drawings and supporting documents that accurately reflect the completed work. The council then evaluates the development against local planning policies and conducts a public consultation period.
If the project aligns with building standards and community guidelines in the surrounding area, the authority grants the necessary planning permission to the works. However, if the application is refused, you may have to appeal the council’s decision or face enforcement action requiring the land or property to be returned to its original state.
Professional assistance will be required when seeking approval for retrospective development.
How to Apply for Retrospective Planning Permission
Learning how to apply for retrospective planning permission follows a similar path to a traditional application. You must submit the necessary forms, architectural drawings and supporting documents via the Planning Portal.
If you need to submit a retrospective planning application, it is vital to provide accurate details of the work already completed. Professional surveys and expert reports can significantly strengthen your case by demonstrating that the development adheres to safety and environmental standards.
Retrospective Planning Permission Cost
The retrospective planning permission cost is generally the same as the fee for a standard application. However, the overall cost of retrospective planning permission can increase if the council decides to charge a penalty or if complex surveys are required to justify the existing structure.
It is important to factor in professional fees for planning consultants and architects, as their expertise is often essential to avoid a costly refusal or enforcement action.
Professional reports will be needed when applying retrospectively for consent for unapproved work or to rectify breaches of planning.
Guidance with Retrospective Planning Permission
Arbtech provides the essential technical data and expert witness evidence required to turn an unauthorised development into a lawful one. Specialising in arboriculture and ecology, our team conducts the high-quality surveys, such as tree reports and protected species assessments, that local planning authorities demand during the retrospective process.
By identifying environmental constraints and proposing robust mitigation strategies, our experts can advise on the steps required to ensure your “as-built” plans stand up to official scrutiny. They act as a vital link between you and the council, helping to navigate enforcement issues, manage appeals and prove that your development is compliant with national and local planning policies.
Message the Team at Arbtech Today
Many people find that navigating the complexities of planning law can feel overwhelming, especially when a development is already in place.
If you are concerned about an unauthorised project, the experts at Arbtech are here to help with the decision-making process when you need to act quickly.
Our team can provide the technical surveys and professional advice needed to support your application and meet planning conditions.
Reach out to us to ensure your project stands the best chance of success.
Yes, you can get retrospective planning permission. Section 73A of the Town and Country Planning Act 1990 specifically allows for applications to be made for development already carried out without the necessary consents for various reasons. However, approval is never guaranteed, so it is best to consult with experts before submitting.
Typically, how long does retrospective planning permission take is the same as a standard application. For most minor or householder developments, the statutory period is eight weeks. Larger or more controversial projects may take thirteen weeks or more, particularly if there are significant local objections.
The answer to how successful is retrospective planning permission depends on whether the work would have been approved if you had applied beforehand. If the development follows local guidelines and does not negatively impact the area or neighbours, it has a high chance of success. If it breaches policy, it is likely to be refused.
When asking what is the time limit for retrospective planning permission, recent legal changes are key. Under the Levelling-up and Regeneration Act 2023, the previous "four-year rule" has been largely phased out in England, moving towards a unified 10-year limit for the council to take enforcement action against unauthorised works.
The 10 year rule for retrospective planning permission is the period after which a development usually becomes immune from enforcement action. If a structure or change of use has existed for 10 continuous years without the council intervening, you can apply for a Lawful Development Certificate to formalise its status.
The specific cost of retrospective planning permission is determined by the type of development. For example, a retrospective application for a house extension typically costs the same as a standard householder application (currently £548 in England). However, if the council has already issued an enforcement notice, the fees can double.
To understand how to apply for retrospective planning permission, you should start by preparing a full set of "as-built" plans. You then submit these via the Planning Portal to your Local Planning Authority (LPA). It is highly recommended to include a supporting statement that explains why the development is acceptable in planning terms to mitigate the risk of refusal. Architects, surveyors and planners may be required to provide the necessary documentation and clarify the steps required when applying for planning permission retrospectively.
Ready to Get Started?
Arbtech are your best asset when it comes to getting planning permission for your project. We cover the whole of the UK and we are waiting to get started on your project...
