Planning Condition Types Explained: Pre-Commencement, Pre-Occupation and More

Planning conditions are legal requirements attached to a planning permission. They are listed in your decision notice. The NPPF sets out that conditions must be:

• Necessary: the development should not be permitted without the condition
• Relevant to planning: they must relate to planning considerations
• Enforceable: the LPA must be able to take action if the condition is breached
• Precise: clearly worded so you know exactly what is required
• Reasonable in all other respects

In practice, conditions vary significantly. Some are straightforward (submit a materials schedule); others require specialist reports (ecology surveys, drainage strategies). Always read your full decision notice — conditions are sometimes buried towards the end of the document.

Pre-commencement conditions are the most critical type. They must be formally discharged — meaning the LPA must issue written approval confirming you have satisfied them — before any work begins.

Common examples of pre-commencement conditions:

• Submission and approval of an ecological survey or habitat management plan
• Approval of a surface water drainage strategy
• An archaeological watching brief or evaluation
• Approval of external materials by sample
• A construction method statement

Starting work before a pre-commencement condition is discharged is a breach of planning control. The LPA can issue an enforcement notice requiring you to stop work, and in serious cases, to undo completed work. Do not start on site until you have written confirmation that all pre-commencement conditions are discharged.

Pre-occupation conditions must be discharged before the building is occupied or first used. They are less time-critical than pre-commencement conditions but still require a formal discharge application before you (or a tenant or buyer) moves in.

Common examples:

• Landscaping scheme — planting must be in place before occupation
• Parking and turning provision must be laid out and available
• Boundary treatment (walls or fencing) must be erected
• Cycle storage provision

Missing a pre-occupation condition when selling or renting a property can create legal complications. Ensure all pre-occupation conditions are discharged well before completion or letting.

Ongoing conditions apply for the lifetime of the development. They do not require a formal discharge application — you simply have to comply with them at all times.

Examples:

• Restricting hours of construction noise (e.g. no work before 8am or after 6pm)
• Preventing the erection of further outbuildings or extensions without a further planning application
• Retaining specified trees, hedgerows or landscaping
• Restricting commercial use of a residential property

Breaching an ongoing condition remains a breach of planning control throughout the life of the permission. The LPA can take enforcement action at any time.

Every planning permission includes a condition requiring work to start within a set time — usually 3 years from the date of the decision notice. This is automatic and no discharge application is needed.

However, if the time limit expires without a material start — meaningful physical work implementing the permission, such as excavating foundations or laying drainage — the permission lapses entirely. You would need to re-apply, and there is no guarantee of the same outcome under potentially updated local or national policies.

Some older permissions had 5-year time limits. Listed building consent also has a 3-year limit. Check the exact time limit stated in your decision notice.