Work has already been done, and permission was never applied for.
An illustrative, representative situation, not a description of a specific client or case.
The situation
Someone converts a garden outbuilding into extra living space, not realising planning permission was needed. Years later, a buyer's solicitor flags the missing permission during a sale, and it needs resolving before completion can go ahead.
Key facts
- How it's assessed
- The same planning merits as any new application
- Existing use alone
- Doesn't itself justify approval
What matters
A retrospective application is judged on exactly the same planning merits as any other. The fact the work already exists isn't itself a reason to approve it, and applying at the wrong moment can draw attention that makes things harder, not easier.
Possible routes
Broadly: apply for retrospective permission, apply for a certificate of lawful development if enough time has genuinely passed, or address the issue before applying. Which fits depends on timing and the site's planning history.
How it could progress
An honest planning-history and risk check, before anything is submitted, is what determines which route actually fits — rather than guessing at what the council is likely to accept.
Possible resolution
A retrospective application can be approved, refused, or approved subject to conditions; a lawful development certificate either confirms the position or doesn't. Timing and site history are what decide which is realistic.
This may sound familiar if:
- Work has already been carried out without permission
- You're trying to sell, remortgage or extend further and it's come up
- You're not sure whether enough time has passed for it not to matter
- No one from the council has contacted you yet
Does this sound familiar?
Tell us what's happened and we'll help you understand your position.
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