Planning Permission Check Before Selling Your House

Planning permission is one of the areas that most frequently causes problems during a property sale. If previous alterations were carried out without the correct consent, or if the seller cannot demonstrate that work falls within permitted development, the buyer's solicitor will raise enquiries that can add weeks to your timeline or put the sale at risk altogether. According to the Planning Portal, local authorities in England process over 400,000 householder planning applications each year, and a significant number of homeowners carry out work without checking whether consent is needed.

This guide explains how to check your property's planning history, what counts as permitted development, how to obtain a lawful development certificate, and what to do if work was carried out without the proper consent. Getting ahead of these issues before you list your property is the best way to avoid delays once you have a buyer.

How to check your property's planning history

Every local planning authority in England and Wales is required to maintain a register of planning applications under Section 69 of the Town and Country Planning Act 1990. This register is a public document that records all planning applications submitted, the decisions made, and any conditions attached to approvals. Most councils now make this register available online.

There are two main ways to check your property's planning history:

• Your local council's planning portal. Go to your local authority's website and search for their planning applications register. Enter your address or postcode to view all recorded applications. You will be able to see application documents, decision notices, and any conditions imposed.
• The Planning Portal. The national Planning Portal at planningportal.co.uk provides links to individual council registers and allows you to search for applications by location. This is a useful starting point if you are unsure which local authority covers your property.

Bear in mind that older records may not appear online. Many councils only have digital records going back to the late 1990s or early 2000s. For work carried out before that period, you may need to contact the council directly and request a manual search of their archives. Some councils charge a fee for this, typically between £25 and £50.

When reviewing your planning history, check for conditions attached to approvals. Planning permissions are frequently granted subject to conditions — for example, requiring specific materials to be used, hours of construction to be observed, or landscaping to be completed within a set period. If conditions were not discharged (formally confirmed as met by the council), this can be raised as an issue during the sale. Your solicitor will need to address any outstanding conditions as part of the TA6 Section 6 planning disclosure.

What counts as permitted development

Not all building work requires a planning application. The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015) grants a set of permitted development rights that allow homeowners to carry out certain types of work without applying for planning permission, provided specific conditions and limitations are met.

Common types of work that fall within permitted development for houses include:

• Single-storey rear extensions up to 4 metres from the rear wall (detached houses) or 3 metres (semi-detached and terraced), extendable to 8 metres and 6 metres respectively under the larger home extension scheme (prior approval required)
• Loft conversions adding up to 40 cubic metres of additional roof space (terraced houses) or 50 cubic metres (detached and semi-detached), provided the work does not extend beyond the existing roof plane facing a highway
• Outbuildings such as sheds, summerhouses, and garden offices, provided they do not cover more than half the curtilage, are single-storey, and meet height limits
• Solar panels on the roof, provided they do not protrude more than 200mm beyond the roof plane
• Replacement windows and doors, although building regulations approval (such as a FENSA certificate) is still required

However, permitted development rights are subject to important restrictions. They do not apply in all circumstances:

• Flats and maisonettes have very limited permitted development rights — most external alterations require planning permission
• Listed buildings require listed building consent for any works affecting character, regardless of permitted development
• Conservation areas restrict certain permitted development rights, particularly for side extensions, roof alterations, and cladding
• Article 4 directions can remove specific permitted development rights in defined areas (see below)
• Previous planning conditions or the original planning permission for the property may have removed permitted development rights as a condition of approval

If you have carried out work that you believe was permitted development, it is strongly advisable to obtain a lawful development certificate before you sell. This provides formal evidence that the work is lawful, which your buyer's solicitor and mortgage lender will want to see. For more on specific types of alterations, see our guides on selling a house with an extension and selling a house with a loft conversion.

Lawful development certificates

A lawful development certificate (LDC) is a document issued by your local planning authority that confirms a particular use or development is lawful. There are two types:

• CLEUD (Certificate of Lawfulness of Existing Use or Development) — confirms that an existing use or completed development is lawful, either because it has the benefit of planning permission, falls within permitted development, or is immune from enforcement
• CLOPUD (Certificate of Lawfulness of Proposed Use or Development) — confirms that a proposed use or development would be lawful if carried out

For sellers, the CLEUD is the more relevant document. If you carried out work under permitted development and did not apply for planning permission at the time, a CLEUD provides the formal proof that the work is lawful. The application is made to your local planning authority, and the fee for a householder CLEUD is currently half the standard planning application fee (typically around £132 in England as of 2026).

The local authority must grant the certificate if the applicant can demonstrate, on the balance of probabilities, that the development is lawful. The application is not a matter of planning judgement — it is a factual and legal question about whether the work falls within the relevant rules. Processing typically takes six to eight weeks, so you should apply well before you expect to accept an offer.

What needs full planning permission

Any work that falls outside the scope of permitted development requires a formal planning application to your local planning authority. Common examples that sellers sometimes overlook include:

• Extensions that exceed permitted development limits — for example, a two-storey rear extension or a side extension in a conservation area
• Change of use — converting a garage into habitable accommodation (where the use changes), building a separate dwelling in the garden, or using part of the property for business purposes
• Work on listed buildings — any alteration that affects the character of a listed building requires listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990
• Work in conservation areas that exceeds the reduced permitted development rights, such as demolition or certain types of cladding
• Significant alterations to the roofline — such as raising the ridge height or adding a dormer that faces the highway
• Structures near a boundary that exceed height or footprint limits, or outbuildings intended for use as separate living accommodation

If any of these types of work were carried out on your property without planning permission, you will need to address the issue before or during the sale. The main options are covered in the next section.

What to do if work was done without consent

Discovering that previous work on your property lacks planning permission is not uncommon, particularly with older properties where records are incomplete or where previous owners carried out work without checking the rules. There are three main ways to resolve the issue:

1. Apply for retrospective planning permission

Under Section 73A of the Town and Country Planning Act 1990, you can apply for planning permission for development that has already been carried out. A retrospective application is assessed in exactly the same way as a standard application — the local authority considers the same planning policies and material considerations. The fee is the same as a standard application, and the statutory determination period is eight weeks for householder applications.

If the application is approved, you receive a decision notice that regularises the work. If it is refused, you can appeal to the Planning Inspectorate, but be aware that a refusal also alerts the council to the breach, which could lead to enforcement action.

2. Rely on enforcement immunity (the four-year and ten-year rules)

The Town and Country Planning Act 1990 sets time limits on enforcement action. Under Section 171B:

• Four-year rule: No enforcement action can be taken against unauthorised building operations, or a change of use of any building to use as a single dwelling, if four years have elapsed since the date the operations were substantially completed or the change of use occurred.
• Ten-year rule: No enforcement action can be taken against any other breach of planning control (such as a change of use other than to a single dwelling, or a breach of a planning condition) if ten years have elapsed since the date of the breach.

If the relevant time limit has passed, you can apply for a CLEUD to obtain formal confirmation that the development is immune from enforcement. You will need to provide evidence of the date the work was completed, such as dated photographs, building control completion certificates, contractor invoices, or council tax records showing the property in its altered form.

3. Indemnity insurance

In some cases, your solicitor may recommend taking out indemnity insurance to cover the risk of enforcement action. This is a one-off policy that protects the buyer (and their lender) against the financial consequences of the local authority taking enforcement action. Indemnity insurance is relatively inexpensive (typically £50 to £300 depending on the risk) and is often acceptable to mortgage lenders.

However, indemnity insurance has important limitations. It does not make the work lawful, it does not regularise the breach, and it becomes void if the policyholder contacts the local authority about the matter. Some buyers' solicitors and lenders may not accept indemnity insurance as a sufficient safeguard, particularly for significant alterations. For more on this, see our guide on what to do without a building regulations certificate.

TA6 Section 6: planning disclosure

When you sell your property, you are required to complete the TA6 Property Information Form, which includes a dedicated section on planning. Section 6 of the TA6 asks you to disclose:

• Whether any building work has been carried out that required planning permission, and if so, whether permission was obtained
• Whether any building work has been carried out that required building regulations approval, and whether a completion certificate was issued
• Whether you are aware of any breaches of planning or building regulations
• Whether there are any planning proposals (by you, a neighbour, or the local authority) that could affect the property
• Whether the property is in a conservation area or is a listed building

You have a legal duty to answer these questions honestly and accurately. If a buyer discovers after completion that you failed to disclose a known planning issue, they may have grounds for a misrepresentation claim under Section 2(1) of the Misrepresentation Act 1967. This is why checking your planning history thoroughly before completing the TA6 is so important. For a full overview of the documents your solicitor will need, see our guide on documents needed to sell a house.

Article 4 directions and conservation areas

Two of the most common situations where permitted development rights are restricted are Article 4 directions and conservation areas.

Article 4 directions

An Article 4 direction is an order made by a local planning authority under Article 4 of the GPDO 2015 that withdraws specified permitted development rights from properties in a defined area. This means that work which would normally not require planning permission does require it in an Article 4 area.

Article 4 directions are commonly applied in conservation areas, areas of outstanding natural beauty, and locations where the council wants to control specific changes such as the conversion of houses into houses in multiple occupation (HMOs). If your property is within an Article 4 area, you should check which specific permitted development rights have been removed. Your local authority's planning department can confirm this.

Conservation areas

Properties in a conservation area are subject to additional planning restrictions. Under the GPDO 2015, several permitted development rights are curtailed for properties in conservation areas, including:

• Side extensions and two-storey rear extensions require planning permission
• Cladding the exterior of the building requires planning permission
• Certain roof alterations, including rear dormers, require planning permission
• Demolition of a building with a volume exceeding 115 cubic metres requires conservation area consent

If your property is in a conservation area and previous owners (or you) carried out work that would normally be permitted development for a non-conservation-area property, it is essential to check whether a planning application was made and approved. If it was not, the work may be unauthorised, and you will need to address this before selling.

Listed building consent

If your property is a listed building (Grade I, Grade II*, or Grade II), an entirely separate consent regime applies. Under the Planning (Listed Buildings and Conservation Areas) Act 1990, you need listed building consent for any works that affect the character of the building as one of special architectural or historic interest. This includes internal alterations such as removing walls, changing windows, and updating kitchens and bathrooms — not just external works.

Critically, there is no time limit for enforcement action against unauthorised works to a listed building. The four-year and ten-year immunity rules do not apply. Carrying out works to a listed building without consent is also a criminal offence under Section 9 of the 1990 Act, punishable by an unlimited fine or imprisonment of up to two years.

When selling a listed building, the buyer's solicitor will request evidence of listed building consent for every alteration. If consent was not obtained, you should take specialist legal advice before marketing the property. For further detail on managing these issues during a sale, see our guide on selling a listed building.

How planning issues affect your sale timeline

Planning issues can add significant time to your conveyancing process. Here is a rough guide to how long each resolution route typically takes:

Given these timescales, the message for sellers is clear: check your planning position as early as possible. If you discover an issue after accepting an offer, a CLEUD application alone could add two months to your transaction. Pine is designed to help you tackle exactly this kind of preparation upfront, so that your legal paperwork is in order before a buyer is found.

Seller's checklist: planning permission before selling

Use this checklist to make sure your planning position is clear before you list your property:

1. Search your local authority's planning register for all applications relating to your property
2. Identify any alterations or extensions that were made by you or previous owners
3. For each alteration, confirm whether planning permission was obtained, the work was permitted development, or the enforcement time limit has passed
4. Apply for a lawful development certificate for any work carried out under permitted development that lacks formal documentation
5. Check whether your property is in a conservation area, is listed, or is subject to an Article 4 direction
6. Review any planning conditions attached to previous approvals and confirm they were discharged
7. Gather copies of all decision notices, completion certificates, and any FENSA or other compliance certificates
8. Discuss any gaps with your solicitor and agree a resolution strategy before marketing
9. Complete Section 6 of the TA6 accurately and fully, supported by the documents you have gathered

Enquiries about planning permission when selling

Once you have accepted an offer, the buyer's solicitor will review the information you have disclosed on the TA6 Property Information Form and the results of the local authority search. If either document reveals that alterations have been carried out at the property, or that planning applications have been submitted to the council, the buyer's solicitor will raise formal planning enquiries — additional questions that you and your solicitor must answer before exchange of contracts.

These enquiries are a standard part of the conveyancing process and should not come as a surprise if you have prepared properly. Typical planning enquiry questions include:

• Was planning permission obtained for [specific alteration]? Please provide a copy of the decision notice.
• Was the work carried out under permitted development rights? If so, please confirm the relevant class under the GPDO.
• Has any planning condition been breached or not discharged?
• Has the four-year or ten-year enforcement period expired? This is particularly relevant where work was carried out without formal consent.
• Has a Certificate of Lawfulness been obtained for the development in question?

If you cannot answer these questions satisfactorily, the buyer may ask you to resolve the issue before they are willing to exchange, which can add weeks or months to the transaction. The best way to avoid this is to prepare in advance:

• Check your local council's planning portal for your property's planning history. This is free and publicly available. Search by your address or postcode to view all recorded planning applications, decision notices, and conditions.
• Gather all decision notices and condition discharge letters. These are the documents that the buyer's solicitor will want to see. If you do not have copies, you can usually download them from your council's online planning register or request them from the planning department.
• If work was done without permission but the enforcement period has expired, consider obtaining a Certificate of Lawful Development. For building operations, the enforcement time limit is four years from substantial completion. For changes of use (other than to a single dwelling), the limit is ten years. A Certificate of Lawful Development formalises the position and gives the buyer's solicitor the evidence they need. See our guide on CLUD vs CLUE certificates for more detail on lawfulness certificates.

Responding promptly and thoroughly to planning enquiries is one of the most effective ways to keep your sale moving. If you have already gathered the relevant documents and checked your planning history before listing, answering these questions should be straightforward.

Sources

• Town and Country Planning Act 1990 — legislation.gov.uk
• Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015) — legislation.gov.uk
• Planning (Listed Buildings and Conservation Areas) Act 1990 — legislation.gov.uk
• Planning Portal — planningportal.co.uk
• GOV.UK — Planning permission guidance
• Law Society — Property Information Form (TA6), 4th edition
• Misrepresentation Act 1967 — legislation.gov.uk

Related guides

• Section 106 Agreement: What Sellers Need to Know

Frequently asked questions