What has changed?
Previously, the “4-year rule” applied to unauthorised building work or a change of use to a single dwelling house, meaning enforcement action could only be taken within four years of completion. However, as of April 25, 2024, the Levelling-up and Regeneration Act 2023 extended this enforcement period to ten years for all residential developments. Now, local authorities have up to ten years to take action against unauthorised construction or change of use to a dwelling.
When can enforcement action be taken?
- Within 10 years for any breach of operational development (e.g., building work) or an unauthorised change of use to a single dwelling house.
- Within 10 years for any other breach of planning control (such as other changes of use and the contravention of planning conditions).
Exceptions to the 10-year rule
- ‘Second bite’ provision: If enforcement action has been taken within the 10-year period but proves defective, a subsequent notice may be issued in respect of the same breach, even if the 10 years have lapsed.
- Deliberate concealment: If a breach of planning control has been deliberately concealed, local authorities have mechanisms to issue enforcement notices even after the 10-year period.
Is it illegal to build without planning permission?
Carrying out development to your home without planning permission is not a criminal offence (except in specific cases such as listed buildings, demolition in a conservation area, or other heritage sites). However, planning authorities have the power to correct breaches through enforcement.
What is enforcement in planning?
For example, if you build an extension without planning permission, you may receive an enforcement notice from your local planning authority to either apply for retrospective planning permission or remove the extension. Failure to comply with an enforcement notice is a criminal offence, but you have the right to appeal to the Secretary of State.
Grounds for appeal against an enforcement notice:
From Section 174(2) of the Town and Country Planning Act 1990:
(a) that planning permission ought to be granted, or a condition should be discharged;
(b) that the alleged breach has not occurred;
(c) that the alleged breach does not constitute a breach of planning control;
(d) that no enforcement action could be taken at the time of the notice;
(e) that the enforcement notice was not properly served;
(f) that the required steps exceed what is necessary to remedy the breach;
(g) that the compliance period is too short.
What is a Stop Notice?
If the local authority deems remedial action to be urgent, it may issue a stop notice. There is no right of appeal against a stop notice.
What is a Breach of Condition Notice?
If you fail to comply with a condition of your planning permission, the local council may issue a breach of condition notice. There is no right of appeal against a breach of condition notice either.
How to find an architect for your planning matters
Information contained in this article is for general information only. In all cases regarding breaches of planning law, please get specific legal or professional advice before taking any action.
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