What happens if I start work before discharging pre-commencement conditions?

The works are unauthorised. The planning authority can issue an enforcement notice requiring you to stop, can refuse retrospective discharge, and can ultimately require demolition. In practice, councils usually allow retrospective discharge if the works are otherwise compliant — but the risk is real and the cost of demolition or remediation enormous. Always discharge before commencement, even for minor conditions.

How long does discharge of conditions take?

Statutory 8 weeks from valid submission. London averages 6–10 weeks; conservation areas and listed projects can run to 12 weeks. Multiple conditions can be batched in one application at £116 total. Phased discharge is allowed — for example, materials approved first, landscape later — as long as each pre-commencement condition is approved before the relevant work starts.

Can a planning condition be removed or varied?

Yes. Apply under Section 73 of the Town and Country Planning Act to vary or remove a condition — this is a new planning application taking 8 weeks at the full householder or major fee. Common variations: extend the commencement period beyond 3 years, modify a material specification, remove a redundant condition. Refusal is appealable.

Does Builderr handle planning condition discharge?

Yes — included in design-and-build contracts. We list every condition at planning approval, sequence the discharge applications so pre-commencement conditions are fully approved before site start, and provide evidence files (drawings, samples, method statements) at fixed price. Allow 8–10 weeks between planning approval and site start for condition discharge on a typical extension or loft conversion.

Planning Conditions Explained London 2026 | Builderr

What Are Planning Conditions and How Do I Comply?

Planning conditions are mandatory requirements attached to a planning approval, controlling materials, methods, hours, lighting, drainage and many other factors. Pre-commencement conditions must be formally discharged before any work starts. Failure to comply makes the works unauthorised and triggers enforcement. Discharge is a separate application taking 6–8 weeks at £116 fee.

Three categories of planning condition

Pre-commencement conditions: must be discharged BEFORE any development starts. Common examples — submit and approve material samples for facing brick, slate and windows; submit construction method statement; submit tree protection plan; submit ecology mitigation plan; submit boundary treatment details; submit accessibility statement for new dwelling. Pre-occupation conditions: must be discharged BEFORE the new building is occupied — landscape planting installed, parking provided, refuse storage built, drainage commissioned. Other (during/ongoing) conditions: apply throughout the development life — working hours restrictions, lighting limits, noise limits, use restrictions. Each condition has a numbered requirement and timing trigger on the decision notice. Failure to comply makes the development unauthorised regardless of whether planning was granted.

The discharge of conditions process

Conditions are discharged by submitting a 'Discharge of Conditions' application to the same planning authority, on the standard Planning Portal application form. Application fee: £116 per request in 2026 (covers multiple conditions in one submission). Documentation: each condition needs evidence — material samples or product datasheets (brick, slate, windows), drawings (boundary treatments, landscape), reports (arboricultural method statement, construction management plan). The council has 8 weeks to determine, in practice 6–10 weeks. Approval is given by formal notice; some conditions are partially approved with further information required. Until ALL pre-commencement conditions are formally approved, the planning permission is not lawfully implemented — even ground-breaking is unauthorised. Builderr handles condition discharge as a standard step between planning approval and site start in our design-and-build service.

How to avoid pre-commencement condition delays

Negotiate at submission: argue for conditions to be 'pre-occupation' or 'during development' rather than 'pre-commencement' where possible — saves weeks on programme. Submit material samples with the planning application: providing brick, slate and window product datasheets at submission often persuades officers to omit the condition entirely or make it pre-occupation. Front-load survey and methodology: arboricultural survey, ecology survey and construction method statement submitted at planning often avoid pre-commencement conditions. Use pre-application advice: agree the principle of the development and the likely conditions at pre-app, reducing surprise conditions on the decision notice. Submit discharge in parallel with detailed design: don't wait for tender or contractor appointment — discharge applications for samples and method statements should go in within 4–6 weeks of planning approval.