New rules on planning enforcement time limits which are now much longer

Therefore, if formal action was not taken by a planning authority against a breach of planning permission within that time, the breach would become immune from enforcement and effectively become legal.

Changes to the Town and Country Planning Act 1990 which came into effect in England on April 25, 2024.

This will see the four-year time limit extended to 10 years giving Local Planning Authorities longer to take action against planning breaches.

For operational development, the 10-year clock will start to run from the date that the operations were ‘substantially completed’. For changes of use of a building to a dwelling, the 10-year period will start from the date of the breach.

However, the old four-year limit will continue to apply where operations in breach of planning were mostly completed before April 25, 2024, or where someone changed the use of a building to a dwelling without permission before April 25, 2024.

It's likely we will see disputes arise about the status of schemes on April 25 and which time limit they fit. Legal advice is vital if you may be affected or are confused by the new legislation.

Take detailed photographs of projects. This may help in resisting future enforcement action or applying for lawful development certificates.”

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