You've got planning permission. The builder is booked. But somewhere in your decision notice there's probably a line that says "No development shall take place until…", and if you miss it, your whole permission can be put at risk.
That line is a pre-commencement condition. This guide explains what it means, how to spot one, how to get it approved, and what happens if you start too early. It covers planning in England; Wales and Scotland work slightly differently (see the end of this guide).
Not sure which of your conditions must be dealt with first? Check your decision notice free and we'll sort every condition by when it applies.
What is a pre-commencement condition?
It's a condition the council attaches to your permission that must be dealt with before any work starts on site. Usually it asks you to send the council more details, which it must approve in writing. Common examples include:
- samples or details of the bricks, tiles or cladding you'll use
- a drainage scheme for rainwater (surface water) or waste water (foul water)
- a construction management plan, covering deliveries, parking and keeping mud off the road
- tree protection measures, such as an arboricultural method statement
- a land contamination assessment
Councils use these conditions because some details are easier to agree once a scheme is approved in principle, but need settling before anything is built.
How to spot one on your notice
Look for wording like:
- "No development shall take place until…"
- "Prior to the commencement of development…"
- "Before any works begin on site…"
Not every condition stops you starting. Many are tied to a later stage, for example:
- "No works above slab level until…" (once the walls start going up)
- "No above ground works until…"
- "Prior to first occupation…" (before anyone moves in)
These don't stop you starting, but they must be approved before you reach that stage, so they still need planning into your build programme.
Watch for exceptions. Some conditions say "except demolition and site clearance", which lets that work go ahead first. Others say "including site clearance", which means even clearing the site counts as starting.
A worked example
Here's a typical condition, and what each part means:
"No development shall take place until a scheme for the disposal of foul and surface water has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented before the dwelling is first occupied and retained thereafter."
- "No development shall take place until…": this is a pre-commencement condition. Nothing can start on site first.
- "a scheme for the disposal of foul and surface water": you need a drainage scheme, usually prepared by a drainage engineer.
- "submitted to and approved in writing": sending it isn't enough. You need the council's written approval before you start.
- "implemented before the dwelling is first occupied": the drainage must then be built before anyone moves in.
- "retained thereafter": and kept in place afterwards.
So this one condition has three stages: approval before you start, building it before occupation, and keeping it for good. Reading every condition this carefully is what stops problems later.
What happens if you start too early?
Starting work before pre-commencement conditions are approved can make the development unlawful. That can lead to:
- enforcement action by the council, which may require work to stop;
- problems when you sell or remortgage, because buyers' solicitors check that conditions were properly discharged;
- in some cases, the permission being treated as never lawfully started, which matters if it later reaches its time limit and expires.
The fix is usually to apply for approval as quickly as possible, but it's far easier to get the order right in the first place.
How to get them approved
The formal name is an application for "approval of details reserved by condition", usually called discharging conditions. Most councils accept these through the Planning Portal or their own online form; a few still accept email.
You'll need:
- your application reference and the site address
- the number of each condition you're dealing with
- the documents each condition asks for, clearly named so the council can match them up
Councils normally aim to decide within 8 weeks of receiving a valid request, so build that time into your programme and send things early.
What does it cost?
In England, the fee for discharging conditions is set nationally and charged per request, not per condition. There's a lower fee for householder permissions and a higher one for other development. Fees change from time to time, so check the current amount on the Planning Portal or your council's website before you apply.
Because it's one fee per request, it usually makes sense to send conditions needed at the same stage together. If one item will take longer, such as an ecology survey that has to happen at a certain time of year, send what's ready rather than holding everything up.
Check whether the Community Infrastructure Levy applies
The Community Infrastructure Levy (CIL) is a charge some councils make on new development. Whether it affects you depends on three things:
- Your council. Not every council charges CIL, and those that do set their own rates.
- What you're building. New homes are usually liable whatever their size. Other development is usually only liable if it adds 100 m² or more of internal floor space.
- Whether an exemption or relief applies. There are exemptions and reliefs for things like self-build homes, extensions to your own home and residential annexes.
Exemptions aren't automatic. In most cases you must apply before work starts, and you may also need to send a commencement notice before starting. Missing a step can mean losing the exemption and having to pay the levy, sometimes with surcharges.
If your council charges CIL, contact its CIL or infrastructure team before work begins to confirm what applies.
Frequently asked questions
Can I start work before conditions are discharged?
Not if they're pre-commencement conditions. Work that starts before they're approved can be unlawful, and the council can take enforcement action. Conditions tied to later stages, like "before first occupation", don't stop you starting, but must be dealt with before you reach that stage.
How long does it take to discharge conditions?
Councils usually aim to decide within 8 weeks of receiving a valid request. Allow for that in your build programme, and ask early, especially if a report or survey is needed first.
Do I need to discharge every condition?
No. Only conditions that ask you to submit details for approval need discharging. Others, like construction working hours or building to the approved plans, you simply keep to.
Can I send several conditions at once?
Yes. In England the fee is charged per request, so sending conditions needed at the same stage together usually saves money.
Who prepares the documents?
It depends on the condition. A drainage engineer usually prepares drainage schemes, an ecologist prepares wildlife reports, an arboriculturist (tree specialist) prepares tree reports, and an architect can often handle materials and design details.
Does this apply in Wales and Scotland?
The idea is the same, but the process and fees differ. In Scotland, you must also send the council a Notice of Initiation of Development before starting work, and a Notice of Completion of Development when you finish.
The short version
- Read every condition before work starts.
- Anything that says "no development until" must be approved in writing first.
- Plan for conditions tied to later stages, like "above slab level" or "before occupation".
- Send conditions together where you can, and allow 8 weeks.
- Check with your council whether CIL applies, and claim any exemption, before you dig.
Got your decision notice? Check it free with Set to Build. We'll show which conditions block your start, which apply later, and what to send the council for each one.