Four Year Planning Enforcement Period Revoked and Replaced with Ten Year Enforcement Period
Currently, there is a four-year time limit on Local Planning Authorities to take enforcement action against unauthorised development in relation to carrying out operation development (which can be building, engineering, mining or other operations that result in changing the fundamental characteristics of land or building) and for change of use to a single dwelling without planning permission (for example, changing an office premises into residential). This has now been revoked and replaced with a ten-year enforcement period.
The 10-year limit will apply where alleged development was substantially completed on or after 25 April 2024, or where the date of the change of use was on or after 25 April 2024. Consequently, the four-year enforcement period will still apply provided development was substantially completed before 25 April 2024. A development is deemed as substantially completed when someone can use it for its intended purpose.
Other changes to be aware of:
- Local Planning Authorities can issue a temporary stop notice to allow them to investigate potential breaches of planning laws which will be effective for up to 56 days (previously 28). However, this will not affect such notices issued and not withdrawn before the 25th April 2024.
- Local Planning Authorities can issue an enforcement warning notice if they become aware of unauthorised development (works being undertaken without the required planning consent) but that has a reasonable prospect of being accepted should an application for consent be made. The notice requires a retrospective planning application to be made (within a specified time frame), otherwise further action may be taken.
- Circumstances where an appeal can be made against an enforcement notice have been reduced, effectively resulting in there now being only one opportunity to obtain retrospective planning consent (being consent issued post completion of the unauthorised works). These changes do not apply to any enforcement appeals or appeals against a refusal to grant a certificate of lawfulness that were made before 25 April 2024.
- Increases to financial penalties.
Where there are uncertainties in transactional matters such as upon the acquisition of a property, it would be wise for your legal advisor to seek evidence from the seller to ensure that any unlawful building works and/or change of use to a dwelling house substantially completed prior to 25 April 2024, as the change will not apply in those circumstances (and would be subject to the previous 4 year rule). It is also worth noting that these changes may see a rise in planning indemnity insurance premiums (being insurance that may be suggested by your legal advisors where there is a risk of enforcement action).
To limit any disputes that may arise between buyers/developers or lenders about whether the four- or ten-year period applies, ensure you seek evidence from the seller or counterparty to ensure that any operation development has the correct permissions, or any unlawful operation development or change of use to a dwelling house have been substantially completed prior to 25 April 2024.
If you have any questions regarding any of the points above and what they might mean for you, please contact one of our Commercial Property team.
