Do the 4 and 10 year rules apply to flats?

[ppmx]

I am an owner (leaseholder) of a flat in an ex-council block in London. I have a metal shed in the garden which would be within the permitted development limitations (size, height, position, temporary bolt-together construction) if those applied to flats, but they don't.

The shed has been there for 2 years and used for storage. I'm now looking to extend it slightly and install some sliding glass doors and will use it more regularly as a workshop/art studio.

I'm wondering if the 4 year or 10 year rules will apply to my property/shed once it has been up for 4/10 years? It's been there for 2 years already and no one has raised any issue with it. Do the 4 and 10 year rules even apply to flats?

My neighbour on one side successfully applied for planning permission for and built a conservatory a few years ago; the neighbour on the other side also has a shed with no planning consent. I'm reluctant to apply for planning permission in case it alerts my freeholder (the council) to the situation and results in them telling me to remove the shed.

Thanks!

 

[blup]

Think it's 4 years for a shed, but freeholder could take separate action if/when they become aware, and you'd probably have to wait 12 years in those circumstances.

If the neighbours have done it the Council might be sympathetic....

Blup

 

[^woody^]

you'd probably have to wait 12 years in those circumstances.

Where does the random 12 years come from?

 

[^woody^]

Either time period could apply depending on the specifics of the planning unit.

You don't say whether you plan to unlawfully extend the shed or apply for permission to extend, but either way the existing will be treated as new and integral to the extended works.

 

[blup]

Where does the random 12 years come from?

I think 12 years is limitation period for land

 

[blup]

Either time period could apply depending on the specifics of the planning unit.

You don't say whether you plan to unlawfully extend the shed or apply for permission to extend, but either way the existing will be treated as new and integral to the extended works.

It will be 4 years as it is a building

Blup

 

[^woody^]

I think 12 years is limitation period for land

The lease is an ongoing contract and the breach in this case is a continuing breach, so the limitation act won't apply as the start of the breach is always 'today'.

 

[blup]

It isn't because the shed is a building, the use will remain within the terms of the lease.

Blup