As of 25 April 2024, planning enforcement periods have been amended by the Planning Act 2008 (Commencement No. 8) and Levelling-Up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024. Transitional provisions have been included to allow for work where substantial completion took place before 25 April 2024.
These Regulations amend section 171B of the Town and Country Planning Act 1990 so that in most cases, development becomes immune from enforcement if no action is taken:
- within 10 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place on or after 25 April 2024.
- within 10 years for an unauthorised change of use to a single dwellinghouse where the change of use took place on or after 25 April 2024.
- within 4 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place before 25 April 2024.
- within 4 years for an unauthorised change of use to a single dwellinghouse where the change of use took place before 25 April 2024.
- within 10 years for any other breach of planning control (essentially other changes of use).
It should be noted that the time limits set out above do not prevent enforcement action after the relevant dates in certain circumstances. For example (and in brief):
- further enforcement action is permitted in respect of any breach of planning control within 4 years of previous enforcement action in respect of the same breach.
- Where there has been deliberate concealment of a breach of planning control.
Originally published by 29 April, 2024
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.