Time limits for enforcement of planning law breaches in England have been extended by The Levelling Up and Regeneration Act.

Any breaches of planning law committed on or after 25 April 2024 are now only immune from enforcement action following a period of 10 years.

Previously, Local Authorities had just 4 years in which to take enforcement action for breaches for unlawful operational development (including building and engineering works), or an unlawful change of use of building to a single dwelling house.

The extension of the enforcement period does not apply retrospectively to operational developments or changes of use to a single dwelling house which were substantially completed before 25 April 2024. Such breaches shall still be subject to the previous 4 year enforcement period.

To avoid any disputes with Local Planning Authorities about whether the 4 year or 10 year enforcement period applies, potential buyers and/or funders should prudently seek to secure evidence from the counterparty in a relevant transaction to demonstrate that any unlawful operational developments or changes of use of a building to a single dwelling house, were substantially completed, prior to 25 April 2024.

In addition, for any breaches to which the 4 year enforcement period applied and has expired, a Certificate of Lawful Use or Development could be applied for (assuming the Local Authority had not commenced enforcement action), to demonstrate that the operational development or change of use is now lawful. This is recommended, as it will become more difficult over time to provide sufficient evidence of when the breach took place and to establish that any breach was committed at least 4 years prior to the 25 April 2024.