How retrospective planning permission works in London
Retrospective planning permission (formally: a planning application for development already carried out) is a real and commonly used mechanism in London. The planning application process is identical to a prospective application — you submit drawings, pay the same fee, and the LPA assesses the proposal against planning policy. The only difference is that the development exists rather than being proposed. The LPA can: grant retrospective permission (with or without conditions); refuse retrospective permission and issue an enforcement notice requiring the breach to be remedied within a specified period (typically 3–6 months); or refuse and serve a Stop Notice if the works are ongoing. Retrospective applications are treated on their planning merits — the fact that the work was carried out without permission does not in itself mean it will be refused. Many retrospective applications in London are approved where the development would have been approved had it been applied for prospectively. However, the risk of refusal and enforcement is real, particularly in conservation areas, where breaches of design guidance are common grounds for refusal. In London, the most common sources of retrospective planning situations are: extensions built under the belief they were permitted development but fell outside PD limits (single-storey rear extensions that exceeded 3m/4m depth thresholds, or side extensions that triggered full planning); outbuildings erected without checking permitted development conditions; roof terraces created without planning permission (a particularly common enforcement trigger in inner London); and rear additions on listed buildings or in Article 4 zones built without the required consent.
Certificate of Lawfulness of Existing Use (CLEUD) versus retrospective planning
The Certificate of Lawfulness of Existing Use or Development (CLEUD) is a fundamentally different mechanism to retrospective planning. A CLEUD does not require the LPA to approve or refuse the development on its planning merits — it simply determines whether the LPA's power to take enforcement action has expired. Under Section 171B of the Town and Country Planning Act 1990, enforcement time limits are: 4 years from substantial completion for a breach consisting of the change of use of any building to use as a single dwellinghouse, or for operations carried out without planning permission on a dwelling; 10 years for any other breach of planning control (most other operational development and changes of use). If the time limit has elapsed, the LPA has no power to serve an enforcement notice, and a CLEUD confirms this immunity as a permanent, bankable legal certificate. The CLEUD application fee is £258 (England, 2024) — significantly cheaper than a full planning application (£258 for a householder CLEUD vs £258 for a householder planning application — they are actually the same fee in 2024). A CLEUD requires evidence that the breach has been continuous for the limitation period: utility bills at the property, building control sign-off records, photographs with verified metadata, surveyor statutory declarations, and statutory declarations from neighbours or previous owners. Where works are less than 4 years old and do not qualify for CLEUD, the only option is a retrospective planning application. If that is refused, an appeal to the Planning Inspectorate is available (the appeal decision is binding on both the applicant and the LPA). Builderr always checks the planning status of a property at the survey stage and can advise on the appropriate regularisation route.
