Abolition Of Four-Year Rule in Respect Of Planning Enforcement
Prior to 25 April 2024 local planning authorities could not take enforcement action against building operations following a period of four years from substantial completion of the relevant works.
Under regulations made on 2 April 2024 the four-year time period for local planning authorities to bring enforcement action against building operations was removed with effect from 25 April 2024, and replaced with a standard 10-year tariff that is applicable to all breaches of planning control. The ten-year period is also applicable to the change of use to a single dwellinghouse. These amendments apply only to planning enforcement in England and do not apply to Wales where the relevant four-year time period is still applicable.
These amendments are subject to transitional provisions, which provide that the four-year period will continue to apply where works were substantially completed before 25 April 2024. By way of example, if operational works were substantially completed in breach of planning control in January 2024 the works would still benefit from the four-year rule and would gain immunity from enforcement action from January The question of when works are substantially complete has been considered in judicial cases and the leading authority advises that the correct approach is for a holistic approach to be taken that involves a comparison between that which has been completed and that which would have been permitted under a planning permission.
In situations where the four-year rule may still be applicable and the landowner wishes to rely upon it, it is imperative that they have sufficient evidence to demonstrate to the local planning authority that, on the balance of probabilities, the operational works were substantially complete prior to 25 April 2024. If the landowner is able to prove to the local planning authority that the works were completed prior to this cut-off date, the local planning authority should not take enforcement action in respect of the works.
If a landowner wishes to establish definitively that works undertaken without the benefit of a planning permission are lawful, then they can submit an application to the local planning authority for a certificate of lawfulness under section 191 of the Town and Country Planning Act 1990. This would establish whether a breach of planning control has become lawful due to a passage of time without enforcement action being taken. This is preferable to a retrospective application for planning permission as a landowner would not need to establish that the works complied with planning policy.
Furthermore, conditions would not be included on a certificate of lawfulness whereas a grant of planning permission could contain conditions that would need to be complied with. The grant of a certificate of lawfulness should be sufficient to satisfy to any future purchasers of the property that the relevant works are lawful.
