The old position
Before April 2024, building works carried out without permission, and changes of use to a single dwelling, became immune from enforcement after 4 years. Other breaches, such as most other changes of use and breaches of condition, had a 10-year limit.
What changed
The Levelling-up and Regeneration Act 2023 made the limit 10 years for all breaches in England. The transitional rule is important:
- Building works substantially completed before 25 April 2024 still benefit from the 4-year rule.
- Where a building was changed to a single dwelling before 25 April 2024, the 4-year rule still applies.
Stronger enforcement tools
- Enforcement warning notices: councils can tell an owner that action will follow unless a retrospective application is made.
- Temporary stop notices can last up to 56 days.
- Higher fines for breach of condition notices and other offences.
What it means for buyers and owners
If you are buying a property with unauthorised works, waiting for them to become lawful now takes much longer. Where works pre-date April 2024 and you have evidence they were completed more than four years ago, a lawful development certificate can still regularise them. If you have received a notice, act quickly. See our enforcement guide.
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Sources
- Lichfields: New English enforcement provisions: more time, greater penalties
- Levelling-up and Regeneration Act 2023
- GOV.UK: Enforcement and post-permission matters
This article is general information about planning in England at the date shown. It is not advice on any particular site, and the law and policy may have changed since. Please speak to us before relying on it.