28-Day Rule: Temporary Use of Land Checklist
The 28-day rule lets you use agricultural land for a wide range of activities without applying for planning permission. It sounds simple. In practice, it catches more farmers out than almost any other permitted development right. This checklist tells you exactly what Part 4, Class B of the GPDO 2015 allows — and where it stops.
What the 28-Day Rule Actually Permits
Under Part 4, Class B of the Town and Country Planning (General Permitted Development) Order 2015, you can temporarily change the use of land for up to 28 days per calendar year without full planning permission.
That covers a wide range of activities. Car boot sales, country fairs, pheasant rearing, farm open days, equestrian events, markets, filming — the right is broadly drawn. It also permits associated operational development: moveable structures such as stages, fencing, or portable toilets, provided they are necessary for the permitted use.
The 28 days do not need to be consecutive. You can spread them across the year.
The 14-Day Sub-Limit
Not all uses get the full 28 days. Of the 28 days total, no more than 14 days may be used for holding a market, or for motor car and motorcycle racing — including trials of speed and practising for those activities.
If you run a weekly car boot sale, count carefully. Fourteen Saturdays takes you to the ceiling before August.
The Checklist: Five Things to Verify Before You Start
1. Is Your Land Outside the Curtilage of a Building?
Class B does not apply where the land is a building or is within the curtilage of a building.
This is one of the most common errors we see. Farmyards — particularly where permanent structures surround an open area — may well constitute the curtilage of a building. If your proposed activity sits within a yard enclosed by barns, the right may not apply. A building for these purposes means any structure or erection, but does not include plant or machinery or any fence, wall or other means of enclosure.
2. Have You Counted Against the Right Planning Unit?
The 28-day allowance applies per planning unit — which equates to the land you occupy as a single unit for planning purposes.
On a farm with multiple distinct land parcels occupied separately, each parcel may carry its own 28-day allowance. But do not assume this without checking the boundaries of your planning unit carefully. Moving an event from field to field within the same unit does not reset the clock.
3. Are You on a SSSI?
Where land is, or is within, a site of special scientific interest, Class B does not permit motor car and motorcycle racing, clay pigeon shooting, or war games.
If your land touches a SSSI designation — even partially — check the specific activity against this restriction before proceeding. Natural England should also be notified under the Wildlife and Countryside Act 1981 before carrying out operations likely to damage the features for which the SSSI is notified. Class B does not override that obligation.
4. Is There an Article 4 Direction in Force?
Permitted development rights can be removed by an Article 4 Direction made by the local planning authority. These vary by area and are not always prominently signposted. Before relying on Class B, check whether any Article 4 Direction applies to your land. Your local planning authority's website should list current directions.
If an Article 4 Direction removes Class B rights — even for a specific activity such as clay pigeon shooting — you will need full planning permission for that use.
5. Has Camping Changed the Rules for You?
From 26 July 2024, Class B no longer permits camping unless it is in connection with a festival. This is a material change that caught many farmers by surprise.
If you want to run a campsite, the relevant route is now Part 4, Class BC — the temporary recreational campsite right — which carries its own conditions, including a 60-day limit and, in some cases, prior approval where the land is in a flood risk zone. Class BC campsites within SSSIs are not permitted development and require a full planning application.
Do not assume Class B covers camping. It does not, except as part of a festival.
What You Must Do Between Each Use
This is where farmers store up problems. Temporary structures must be removed between uses. If you leave portable toilets, generators, or similar equipment on site between event days, their continuous presence may constitute a material change of use rather than a series of temporary uses.
The right permits a temporary use. It does not permit a creeping permanent presence. If enforcement officers visit and find permanent fixtures, they will not count the days generously.
Keep a simple log: dates of use, description of activity, structures erected and removed. If you ever need to demonstrate lawful use, that log is your evidence.
A Scenario That Illustrates the Risk
A farmer runs a monthly car boot sale across eight months of the year. That is eight events — well within the 14-day market sub-limit and within 28 days overall. So far, so straightforward.
The problem arises when the signage goes up in March and stays up. A trailer left in the field all year. A generator that lives there between sales. None of this is dramatic. All of it weakens the argument that the use is genuinely temporary.
In our experience, enforcement investigations triggered by neighbour complaints rarely focus on the event itself. They focus on what was left behind.
Frequently Asked Questions
Can I use the 28-day rule for a pumpkin patch or farm shop pop-up?
Yes. A seasonal retail use — such as a pumpkin patch, cut flowers, or a roadside stall on open agricultural land — can fall within Class B provided the land is not within the curtilage of a building and the 28-day total is not exceeded. Keep records of trading days. If the activity runs for more than 28 days in any calendar year, you are outside the right and planning permission is required.
Does the 28-day allowance reset every January?
Yes. The limit is calculated per calendar year — 1 January to 31 December. Days used in November and December of one year do not carry over.
Can I hold multiple different events on the same land in the same year?
Yes, but all days count toward the same 28-day total. The right is not segmented by activity type, except for the 14-day sub-limit for markets and motor sports. Three separate events using 10 days each leaves you with no allowance remaining that year.
Does Class B cover shooting days on a farm?
General shooting — including game shoots and clay pigeon shooting — can fall within Class B on land that is not a SSSI. On a SSSI, clay pigeon shooting is expressly excluded. Always check SSSI status before relying on the right for any shooting activity. Article 4 Directions removing shooting rights exist in certain council areas and must also be checked.
What happens if I exceed 28 days?
You will have carried out a material change of use without planning permission. The local planning authority can issue an enforcement notice requiring cessation of the use. The fact that it started as a permitted temporary use does not protect the days beyond the limit.
The Single Most Important Point
The 28-day rule is genuinely useful. It gives farmers meaningful flexibility to diversify and generate income without planning applications. But it has hard edges. The curtilage exclusion, the 14-day sub-limit, the SSSI restrictions, and the 2024 camping changes all catch people out — often because they relied on what the rule used to say, or what a neighbour told them.
If you are unsure whether your proposed activity falls within Class B, or if you want to check whether rights have been removed on your land, contact Foxes Rural at office@foxesrural.co.uk.