Last year’s Levelling Up and Regeneration Act 2023 contained provisions to allow changes to be made to the time limits for enforcement of certain planning breaches. On cue, the Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 have now been published and will come into force on the 25 April 2024. The key provisions are:
- Enforcement Time Limits: On 25 April 2024, the four-year time limit for bringing enforcement action against unauthorised operational development and changes of use to a single dwelling-house will be revoked.
- Transitional Provisions: These changes will not apply to unauthorised operational development or change of use to a dwelling which was substantially completed before 25 April 2024.
So, from 25th April onwards, the time period in which local planning authorities in England can take enforcement action against unauthorised operational development or the change of use of any building to use as a single dwelling is ten years. This aligns these breaches with the ten-year time period for enforcement of other unauthorised non-residential changes of use, as well as breaches of condition.
Prior to the Regulations, there was some concern over the need to obtain Certificates of Lawfulness before the provisions came into force (or otherwise breaches that were lawful may have been considered unlawful again if they fell between the four to ten year period). However, these concerns were unfounded and the Regulations provide that, provided any unauthorised change of use or operational development is substantially completed by 24th April 2024, then they would still become lawful after four years, i.e. by 24th April 2028, if not enforced against by the local planning authority. It is only such breaches that take place on 25th April 2024 onwards that would then be subject to the new ten-year period, i.e. until 25th April 2034 or thereafter, to become lawful, if not enforced against by the local planning authority.
Please do not hesitate to contact Fladgate if you have any queries on this or any other planning related matters.
