Summary
Planning enforcement time limits changed in England from 25 April 2024. The key buyer risk is that unauthorised development or use may not become immune from enforcement as quickly as some older advice suggests. For breaches where operational development was substantially completed on or after 25 April 2024, or where a change of use to a single dwellinghouse occurred on or after that date, the 10 year limit applies.
There are transitional provisions for older breaches, so the date of the works or change of use is critical. Buyers should be cautious with extensions, outbuildings, converted garages, separate dwellings, commercial uses and works without obvious permission. A lawful development certificate can provide formal confirmation where the owner claims the development or use is lawful through time or permission.
Definition
Planning enforcement time limits define how long a local planning authority has to take enforcement action against a breach of planning control. In England, changes from 25 April 2024 mean the 10 year period applies to relevant operational development and changes of use to a single dwellinghouse occurring on or after that date, subject to transitional rules.