Planning enforcement can be one of the most stressful parts of dealing with the planning system. Whether you’ve inherited unauthorised works or are facing an issue which means works completed are unlawful, understanding enforcement time limits is essential for avoiding unexpected problems when selling, refinancing or regularising your home.
This guide explains the different planning enforcement time limits, how Local Planning Authorities (LPAs) apply them, and what you should do if you believe a breach has occurred on your property.
Understanding Planning Enforcement Notices
Planning enforcement is the process LPAs use to address unauthorised development or breaches of planning control. A “breach” occurs when:
- Development is carried out without planning permission
- Work is carried out not in accordance with approved plans
- Planning conditions are not complied with
- Unauthorised changes of use occur
- Works take place on a listed building without consent
LPAs don’t have a duty to take action, instead they have a discretionary power. The central test set out in the National Planning Policy Framework (NPPF) is whether formal action is in the public interest.
If action is taken, homeowners may receive one of several types of notice, including a Planning Contravention Notice (PCN), an Enforcement Notice, a Breach of Condition Notice (BCN), or in urgent cases, a Stop Notice.
Planning Enforcement Time Limits
Planning enforcement time limits determine how long an LPA has to issue formal action after a breach occurs. These time limits are set out in the Town and Country Planning Act 1990 (TCPA), and modified by subsequent legislation passed in 2008 and 2023.
The Four-Year Rule
For developments where substantial completion took place prior to 25th April 2024, certain types of breach become immune from enforcement after four years:
- Construction of a new building without planning permission
- Unauthorised changes to a building that result in a new single dwellinghouse
If the development was completed prior to 25th April 2024 and continuously used as such for four years without interruption, the LPA is normally out of time to take enforcement action. Prior to the amendments made to the TCPA any development that fell under these criteria would be immune from enforcement after four years, regardless of the date of substantial completion.
The Ten-Year Rule
Most breaches fall under the ten-year rule, including:
- Construction of a new building without planning permission, where the development was substantially completed on or after 25th April 2024.
- Unauthorised changes to a building that result in a new single dwellinghouse, again where substantial completion was on or after 25th April 2024.
- Unauthorised changes of use (other than a single dwellinghouse)
- Breaches of planning conditions
- Mixed-use changes
After ten years of continuous use or breach, the development usually becomes immune from enforcement.
Exceptions and Extensions
There are situations where the four and ten-year rules don’t apply, such as:
- Deliberate concealment of a breach
- Unauthorised works to a listed building
- Breaches of planning control in Special Protection Areas or other designated sites
- Any instance where the LPA successfully argues that time has not run continuously
The Supreme Court judgment in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government (2011) is a famous example of how concealment can void immunity. In this case an individual obtained planning permission for a hay barn on agricultural land in the green belt but actually constructed a large house (including a garage) disguised as a hay barn. The case ended up with the Supreme Court, which noted that dishonest conduct meant that the individual had prevented the breach from being discovered, and so disqualified themselves from relying on the four-year rule.
Because evidence requirements for immunity can be complex, homeowners often apply for a Lawful Development Certificate to prove the breach is now lawful. Our guide on lawful development certificates explains this process in detail.
Consequences of Breaching Planning Conditions
Breaching planning conditions is far more common than completely unauthorised construction, and one of the most common reasons enforcement action is taken against homeowners. Examples of common breaches include failing to discharge pre-commencement or pre-occupation conditions, deviating from approved materials, building in a different location or at a different height or failing to complete required landscaping, parking or access works.
Most LPAs will seek a voluntary resolution to the breach rather than seek prosecution, unless the breach is serious or there is a clear public interest in pursuing formal enforcement action. Your LPA will typically set out criteria for formal enforcement on their website, similar to this example published by South Staffordshire Council.
Breach of Condition Notice
In serious cases where a planning condition has been breached your LPA may serve you with a Breach of Condition Notice (BCN). Unlike standard enforcement notices, there is no right of appeal against a BCN. It is also a criminal offence not to comply with the required actions by the specified deadline. Proactively dealing with a BCN is therefore very important, and active engagement with your LPA to seek a resolution should be pursued immediately.
Aside from complying with the notice, it is possible to submit a Section 73 Application to remove or vary the breached planning condition. It is also technically possible to apply for judicial review of a BCN in the High Court, but this is extremely rare.
Time Limits for Condition Breaches
Breaches of planning conditions are subject to the ten-year enforcement rule unless the breach falls under the limited criteria where the four-year rule applies.
Breaches can have serious long-term consequences, particularly on future sales. Checking for discharged planning conditions is a routine part of the conveyancing process. If you are dealing with a condition discharge issue you may may find our article on Do All Planning Conditions Need to Be Discharged Before Occupation? helpful.
Enforcement Rules for Listed Buildings
Works to a listed building without Listed Building Consent (LBC) are usually treated far more seriously by your LPA. This is because the building is legally protected for its historic or architectural significance. We cover obtaining planning permission rules and Listed Building Consent in our guide to planning permission and listed buildings.
There is no enforcement time limit for unauthorised works to listed buildings. A breach remains actionable indefinitely, regardless of how much time has passed. Carrying out unauthorised works to a listed building is also a criminal offence under the Planning (Listed Buildings and Conservation Areas) Act 1990. Penalties can include fines, enforcement to reverse the works and prosecution in serious cases.
How a Planning Consultant Can Help
Planning enforcement cases can be extremely stressful, especially if a historical breach is discovered on a property you have purchased. A planning consultant can help by:
- Reviewing documents and historic plans to establish whether a breach has occurred
- Advising whether immunity from enforcement under the four or ten-year rule may apply
- Helping to prepare a Lawful Development Certificate application to prove immunity
- Formulating a strategy and negotiating with the LPA to resolve matters without formal action
- Supporting retrospective planning applications where necessary
At Holland Lloyd, we help homeowners navigate enforcement issues. Whether you have an unresolved breach, inherited a property with a complex planning history or just need advice, our Planning Support Service can help you bring your property back into compliance and protect the value of your investment.
FAQs
What is a planning enforcement notice?
It is a formal notice issued by your Local Planning Authority requiring you to remedy an unauthorised development or breach of planning control.
What are the time limits for planning enforcement?
Most operational development and creation of a dwelling where substantial completion occurred prior to 25th April 2024 become immune after four years; most other breaches, including changes of use and condition breaches, become immune after ten years.
Is there a time limit for listed building enforcement?
No. There is no time limit for enforcement action on unauthorised works to listed buildings.
Can enforcement action stop me using my home?
In serious cases, your Local Planning Authority can issue Stop Notices or require restoration of unauthorised works. For condition breaches, a Breach of Condition Notice may be issued to require immediate compliance.
How can I find out if my breach is lawful due to passage of time?
You can apply for a Lawful Development Certificate to confirm immunity. This is the safest route for future sales or refinancing.