Permitted Development - The 4 Year Rule Explained - Get PERMISSION for ANYTHING

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.

[rushymoto]

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.

[lynseychamberlain]

Hi, we have a detached house with a separate detached annexe (built 11 years ago) that my parents have been allowed to live in but under the condition that the people who live in the annexe are related to people in the main house. Ideally we would like to separate. My parents have been paying separate council tax and other bills on it. Could we apply for a certificate of lawfulness for it to be its own dwelling? I hope that makes sense

[cedley]

Hi Ian, i have bought a small plot of land that was sold off by my local authority in Nottingham ten years ago, it states on the deeds that a garage or greenhouse can be erected on the plot, what is the maximum size i can build a garage on the plot as a permitted development, the plot has no residential dwelling on it?

[jof]

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???

[richkane]

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.

[nikkion]

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)?

[nikkion]

What type of application you need to do for adding a bathroom window to an end of terrace wall?

[paobayford]

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 ??

[damo]

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?

[shaunhennessy]

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

[rushymoto]

Can you get a postal address on a new dwelling put up on land without the council finding out in the first place?

[shirlycrow]

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.

[kieranf]

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

[christop]

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 ?

[NigelRichardson-qhyj]

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

[margi]

Hi Ian, what about locally listed building (residential). What I mean is residential locally listed building?

[DamienHazell-dh]

Hi Ian, would the 4 year rule apply to a garage converted to use as a airbnb?

[hermioneloasby]

Thanks for this! If it’s for use as a seperate dwelling, does it have to be in use continuously for 4 years?

[farrahdiba]

How I can reach you to discuss my situation.

[lukasrayzor]

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 👍