What Happens If You Don't Get Planning Permission?

What happens if I don't apply for planning permission?

Installing a dropped kerb may seem like a minor alteration to your property, but in planning terms, it is anything but. For many homeowners and developers, particularly those with properties on classified roads, within conservation areas, or where permitted development rights have been removed, a dropped kerb often requires planning permission from the local authority.

Ignoring this requirement and proceeding without consent may seem like a shortcut—one that saves time or paperwork—but in reality, it can lead to serious and expensive consequences. Below, we outline what happens if you install a dropped kerb without planning permission, and why it’s essential to follow the proper process from the beginning.

1. You May Be Issued with a Planning Enforcement Notice

The first and most common consequence is a planning enforcement notice from your local authority. Local planning enforcement teams are within their rights to investigate any unauthorised development and installing a dropped kerb without permission is considered a breach of planning control.

If the council becomes aware of the unapproved works—either through routine inspection, a report from a neighbour, or from Highways officers—they may issue you with a formal notice requiring you to either apply retrospectively for planning permission or to remove the dropped kerb entirely.

Once a notice is served, you are legally required to comply within a set timescale. Non-compliance with planning enforcement can lead to various legal actions, including prosecution and fines, and potentially even direct action by the planning authority. An enforcement notice, once served, becomes a land charge, meaning it affects subsequent owners as well.

2. You Could Be Fined

Failure to obtain planning permission may also result in financial penalties. These vary between local authorities and depend on the scale and severity of the unauthorised works, but even a modest fine can be a significant, avoidable expense.

In some cases, fines can be issued in addition to the requirement to remove the unauthorised kerb or reinstate the footway. This effectively means you pay twice—once to correct the issue, and once again as a penalty for the breach.

Additionally, if enforcement reaches the magistrates’ court or becomes a criminal offence, fines can be more severe, potentially amounting to thousands of pounds.

3. You Might Be Required to Reinstate the Pavement at Your Own Cost

In cases where the dropped kerb has been installed on a public footway without consent, the council has the legal authority to demand reinstatement. This means you, as the property owner, may be ordered to restore the pavement to its previous condition, often using council-approved contractors and materials.

The cost of this reinstatement is typically borne by the property owner and can be substantial, particularly if the kerb has affected utility services, drainage systems, or public infrastructure such as street furniture or trees.

4. Legal Action Could Follow

If you continue to use an unlawful dropped kerb—such as by driving over the pavement without permission—the council may take legal action. Persistent non-compliance with enforcement notices can lead to prosecution under the Town and Country Planning Act 1990, where a successful conviction may result in additional fines or a criminal record.

5. Insurance and Liability Risks

Should a third party—such as a pedestrian, cyclist or council worker—sustain injury or damage due to an unauthorised dropped kerb, you may find yourself personally liable. Home insurance policies often exclude coverage for unapproved works, meaning that even seemingly minor alterations could leave you legally exposed and financially unprotected.

6. Problems When Selling Your Property

When selling, your solicitor is required to disclose any unapproved works as part of the conveyancing process. Buyers may be deterred by the uncertainty, particularly if the kerb was installed unlawfully or enforcement action is pending. In some cases, sales may fall through entirely unless the issue is resolved.

7. Retrospective Planning Applications Are Not Guaranteed

Some homeowners assume they can “sort it out later” with a retrospective planning application, but this is not a reliable fallback. While retrospective applications are permitted under planning law, councils are under no obligation to grant consent. If the dropped kerb is found to be unsuitable—due to safety concerns, highway visibility issues, or impact on public infrastructure—the application may be refused.

In Summary: It’s Not Worth the Risk

The consequences of installing a dropped kerb without planning permission range from administrative inconvenience to serious legal and financial liability. At Dropped Kerb Planning, we specialise in navigating the planning process correctly from the outset. If you’re unsure whether planning permission is required for your property—or want to discuss your options—contact us for a initial assessment.