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What is the four year rule in planning?

The 4-year rule covers any breach of building or operations development which has not been challenged by enforcement action for the period of at least four years.

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When there has been a breach of planning regulations there are two rules which may be utilised to prevent the property owner from receiving an enforcement action. The 4-year rule and the 10-year rule may be applied when considering either an unpermitted residential development or a change of use.

Your Local Planning Authority (LPA) On The Rules

Your Local Planning Authority (LPA) monitors planning breaches and will enforce the necessary action, if applicable. You may have unintentionally contravened planning regulations or your circumstances may have changed resulting in a breach of the existing permission. In some cases, you may be protected from enforcement, depending on how long the new arrangement, or breach, has been in place. The 4-year rule covers any breach of building or operations development which has not been challenged by enforcement action for the period of at least four years.

What The 10 year rule covers

The 10-year rule covers any breach of use of land or buildings (excluding dwellings) which has not been challenged by enforcement action for the period of at least ten years. N.B. A ‘dwelling’ is deemed by planning law to be a class C3 in terms of use and is covered by the 4-year rule. The 10-year rule also applies to a breach of any existing planning condition which has not been challenged by enforcement action for the period of at least ten years. If you think your planning contravention falls under either the 4-year or 10-year rule then you will need to apply for a certificate of lawfulness from your Local Planning Authority. This is a legal document which retrospectively grants permission for the unauthorised development or use of your property and authorises that this may be continued. You can also apply for traditional planning permission but this will be a lengthy and more costly process. It is worth noting that if you deliberately deceive your Local Planning Authority and/or conceal the planning breach then enforcement action is likely to be taken. It is crucial that property and landowners observe the relevant planning laws. If the regulations are not complied with, there could be significant difficulty in selling or even remortgaging the property.

Applying for a certificate of lawfulness

Applying for a certificate of lawfulness is a complex process and is something that your London architect can help you navigate. You will need to provide a host of documents as evidence that the building has been developed or used as you claim. Depending on your situation, documents required may include tenancy agreements, utility bills, receipts of building works undertaken, to name a few. All will need to span the four or ten year period in question. Your architect will be able to advise you on what is required. If your application is approved, the Local Planning Authority will provide you with a certificate of lawfulness. You can then be reassured that your property and its use complies with all the necessary regulations.

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Can I put a fence up against Neighbours fence?

Yes. Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

Neighbourly disputes over fences happen occasionally. We always suggest a proactive approach: talk early and often to make sure everyone is on the same page before the bottom line is signed.

But maybe you can’t agree and the neighbour goes ahead and installs a fence that you just don’t like the look of. Or you buy a new property and you aren’t happy with the appearance of an adjacent fence. Can you build a new fence next to it?

Yes

Yes, you can build next to your neighbour’s fence. As long as you’re inside your property line you’re fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence. The idea is to get your fence as close as possible to the existing one. It’s not always possible to stagger: the situation at the corners may not allow it. In that case you’ll have to build a bit farther back from your property line to ensure there’s no interference with the existing fence piers.

More questions?

If you have more questions about neighbour issues or other subjects we’re happy to answer them. Call 613-736-1122 or hit the chat button on the right during business hours.

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