Your planning permission has come through, but it says certain details must be "submitted to and approved in writing by the Local Planning Authority". Getting that approval is called discharging the conditions. This guide explains what that means, how to do it, what it costs, how long it takes, and what can happen if you don't.
It covers planning in England. Wales, Scotland and Northern Ireland have their own rules and fees.
Not sure which of your conditions need discharging? Check your decision notice free and we'll list each one, what to send, and when.
What does "discharge of conditions" mean?
Many conditions on a planning permission ask you to send the council more information before a certain stage, such as samples of materials, a drainage scheme or a construction management plan. The council checks it and, if it's acceptable, approves it in writing. That written approval "discharges" the condition.
The formal name for the request is an application for approval of details reserved by condition. Councils, agents and builders usually just call it a discharge of conditions application, or a "DOC".
Which conditions need discharging?
Only conditions that ask you to submit something for approval. Look for wording like:
- "…shall be submitted to and approved in writing by the Local Planning Authority"
- "…in accordance with details that have been previously approved"
- "No development shall take place until a scheme…"
Other conditions don't need an application. You simply keep to them, for example:
- building in line with the approved plans
- construction working hours
- keeping a window obscure-glazed
- carrying out work set out in a report you sent with your original application
Some councils label their conditions to help, for example "Discharge required" or "Compliance required". If yours doesn't, read each one for the "submitted and approved" wording.
When do you need to apply?
Each condition says when its details must be approved. The most common stages are:
- Before any work starts. These are pre-commencement conditions, and they're the most important. Starting before they're approved can make the whole development unlawful. See our guide to pre-commencement conditions.
- Before a stage of the build, such as "before works above slab level" or "before the roof is installed".
- Before anyone moves in ("prior to first occupation").
Work backwards from these stages. If you want to start on site in three months, the details for anything needed before work starts should go in well before then.
How to apply, step by step
- List the conditions you're dealing with. Note each condition's number and exactly what it asks for.
- Get the documents prepared. Some you can do yourself, such as material samples or a bin storage plan. Others need a specialist, such as a drainage engineer, ecologist, tree consultant or lighting designer.
- Name each document clearly, for example "Condition 7 – Foul drainage scheme". It helps the council match your documents to the right condition.
- Apply online. Most councils accept applications through the Planning Portal or their own website. A few still accept email. Your decision notice often says how.
- Include your application reference, the site address and the condition numbers on the form.
- Pay the fee. See below.
- Answer any questions quickly. The council may ask for changes or more information. A quick reply keeps things moving.
- Keep the decision letter. It's your proof the condition was discharged, and buyers' solicitors will ask for it when you sell.
How much does it cost?
In England the fee is set nationally and charged per application, not per condition. From 1 April 2026 it is:
- £89 if your permission is for a householder application (work to your own home, like an extension)
- £309 for anything else, including new homes
The government plans to raise these fees on 8 December 2026, to £125 and £435, if Parliament approves the change. Check the current fee on the Planning Portal or your council's website before you apply.
Because the fee is per application, sending several conditions together usually saves money. Group the ones needed at the same stage. If one item will take longer, such as a wildlife survey that has to be done at a certain time of year, send what's ready rather than holding everything up.
How long does it take?
Councils should decide within 8 weeks of receiving a valid application. Some take longer, especially when they need to ask experts such as the highways team or an ecologist.
If you haven't had a decision after 12 weeks, the council should refund your fee, unless you've agreed a longer time in writing.
In some cases you can also serve a deemed discharge notice if the council hasn't decided in time. This can mean the condition is treated as approved if the council still doesn't respond. It doesn't apply to every condition (some about contamination, flooding or protected wildlife are excluded, for example), so check with the council or a planning consultant before relying on it.
Tip: allow 8 to 10 weeks in your build programme for anything needed before work starts, and apply as early as you can.
What happens if you breach a planning condition?
Breaching a condition means not doing what it says, for example starting work before a pre-commencement condition is approved, or not building something the way it was approved.
The council can take enforcement action. This could be:
- a breach of condition notice, which tells you what to do to put things right. There's no right of appeal, and failing to comply is a criminal offence.
- an enforcement notice, which can require work to stop or be undone.
- a stop notice, for serious cases.
Councils usually prefer to sort things out informally first, so if you realise you've missed something, contact them before they contact you.
Missing a pre-commencement condition can be more serious. In some cases the development may not count as lawfully started, which matters if your permission later runs out. Sending the details late may not be enough to fix it, and you may need a fresh or amended application. Talk to a planning consultant if this applies to you.
Breaches can also cause problems when you sell or remortgage, as buyers' solicitors usually check that conditions were properly discharged.
Frequently asked questions
Can I discharge several conditions in one application?
Yes. You pay one fee for each application, so grouping conditions needed at the same stage usually saves money.
Can I start work while my discharge application is being decided?
Not if it's for a pre-commencement condition. You need the council's written approval first. Conditions tied to later stages don't stop you starting, but must be approved before you reach that stage.
Do I need an architect or agent to apply?
No. Homeowners can apply themselves. But some conditions need reports from a specialist, such as a drainage engineer or ecologist, and an agent can save time if there are a lot of conditions.
What if the council refuses to discharge a condition?
The council will usually say what's wrong. You can send revised details in a new application. You can also appeal, but it's usually quicker to fix the details.
Is "approval of details reserved by condition" the same as discharging conditions?
Yes. It's the formal name for the same thing.
What's the difference between discharging a condition and removing one?
Discharging means sending the details a condition asks for. If you want to change or remove a condition itself, that's a different application, usually called a "section 73" or "variation of condition" application.
The short version
- Only conditions that say "submitted to and approved" need discharging.
- Deal with anything needed before work starts first.
- Send conditions needed at the same stage together, to save fees.
- Allow 8 weeks, and apply early.
- Keep every approval letter for when you sell.
Got your decision notice? Check it free with Set to Build. We'll show which conditions need discharging, what to send for each one, and which ones must be approved before you start.