The 4-year rule in town planning allows property owners to gain immunity from enforcement actions by the local planning authority for unauthorized residential developments that have been in place for at least four years. This rule is crucial for ensuring compliance with planning regulations and avoiding legal consequences such as costly enforcement actions, fines, or even demolition of unauthorized developments.
Overview of the 4-Year Rule
Purpose: Limits enforcement action for certain unauthorised developments after four years.
Applicable Developments:
- Building, engineering, mining, or other operations in, on, over, or under land. The four-year period starts from the substantial completion of these operations.
- Change of use of any building to a single dwelling or house, including parts of a building used as a single dwelling. The four-year period starts from the date of the breach.
For everything else the 10-Year rule applies.
Any unauthorised works to a listed building or protected tree has no limit to when enforcement action can be taken.
Levelling-up and Regeneration Act 2023
The Levelling-up and Regeneration Act 2023 significantly impacts the 4-year rule. Key points include:
- Extension to Ten Years: Section 115 of The Levelling-up and Regeneration Act 2023 extends the enforcement time limit to ten years for all breaches of planning control, applicable to both operational development and changes of use to single dwelling houses.
- Effective Date: These provisions came into force on April 25, 2024.
- Transitional Provisions: The four-year rule remains for developments substantially completed or changes of use to dwellings occurring before April 25, 2024.
Regularising a Planning Breach
Even after four years, any breach of planning control remains unlawful unless regularized. The process involves:
- Certificate of Lawfulness: Property owners must submit a Certificate of Lawfulness for an existing use to confirm the development is lawful and does not require planning permission.
- Evidence Requirement: Applications must be supported by evidence to verify the events related to the breach.
- Burden of Proof: The applicant must prove their case on the balance of probability. If the local planning authority lacks evidence to contradict the applicant's version, there is no valid reason to refuse the application.
Understanding these rules and the changes brought by the Levelling-up and Regeneration Act 2023 is essential for property owners to ensure compliance with planning regulations and avoid potential legal issues.
If you would like to learn more or discuss your issues please feel free to contact Duckworth Planning and Design.