What is the 4-year rule in Town Planning?
The 4-year rule in town planning allows immunity from planning enforcement action for unauthorised residential and operational development that has been in place for at least four years. For other changes of use and breaches of condition the time limit is 10 years. There is no limit on works to listyed buildoings or scheduled Monuments.
Understanding this rule is crucial to ensure compliance with planning regulations and to avoid potential legal consequences such as enforcement action, fines, demolition, and even prison.
The Impact of the Levelling-up and Regeneration Act 2023 on the 4-Year Rule
The Levelling-up and Regeneration Act 2023 (LURA) received Royal Assent on 26 October, 2023, with secondary legislation finalised on 2 April 2024, bringing enforcement provisions into force. See Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024.
Section 115 revokes the four-year time limit for enforcement actions, extending it to ten years for all breaches of planning control. This applies to applies to operational development and change of use of any building to use as a single dwellinghouse.
The new provisions came into force on 25th April 2024.
The transitional provisions mean that this change will not apply in the following circumstances:
- Where the operational development was substantially completed before 25th April 2024.
- Where the change of use to a dwelling occurred before 25th April 2024.
Provided that the above criteria can be met, then the four-year rule would remain.
The 4-Year Rule
If development is carried out without the necessary planning permission, the local planning authority can take enforcement action against the property owner to require them to remove or alter the development.
However, if four years have passed since the breach of planning control occurred, the local planning authority can no longer take enforcement action against the property owner but you will often need substantial proof.
It's important to note that the 4-year rule only applies to certain types of breaches of planning control. These include:
- The carrying out of building, engineering, mining or other operations in, on, over or under land. The four-year time period starts from the date on which operations are ‘substantially completed’.
- The change of use of any building, to use as a single dwelling or house – after the end of the period of 4 years beginning with the date of the breach. This also applies to a change of use of part of a building to a single dwelling, and to breaches of condition which prevent a change of use to a single dwelling.
The four-year does not apply to:
- To any other breach of planning control. Under all other circumstances, the ten-year rule applies.
- Unauthorised works to a listed building or the felling of protected trees, where criminal liability arises directly from the unauthorised action.
The 4-year rule could therefore apply to lots of development scenarios for example, an outbuilding that exceeded normal permitted development allowances, or the renting out of a building for residential use for a continuous period in excess of four years.
How do you regularise a planning breach after the 4 year period has passed?
Any breach of planning control remains unlawful, unless and until it becomes lawful in accordance with Section 191 of the Town and Country Planning Act 1990. To ensure compliance it will be necessary to submit a Certificate of Lawfulness for an existing use. The proper phrase is Cerificate of Lawful Existing Use or Development (CLEUD) but most people call them Certificates of Lawfulness (CoL). This is technically not a planning application and will be assessed by a council solicitor prior to being determined.
A Certificate of Lawfulness is a decision issued by the local planning authority that confirms that an existing development is lawful and does not require planning permission.
It will be necessary for the Certificate of Lawfulness to be accompanied by substantive relevant evidence relating to the breach of planning control.
The burden of proof is on the applicant and the Courts have held that the relevant test of the evidence on such matters is "the balance of probability". This in in contrast to the overburdensome "beyond reasonable doubt" test that used to take priority. There if a local planning authority has no evidence itself, nor any from others, to contradict or otherwise make the applicant’s version of events less than probable, there is no good reason to refuse the application.
How DPAD Ltd Can Assist You
Do you need to submit a Certificate of Lawfulness to regularise a breach of planning control?
It is important to note that obtaining a Certificate of Lawfulness can be complex, and it is recommended to seek professional advice from a town planning consultant to ensure compliance with the regulations and requirements. Sometimes regularisation via a full planning application can be less problematic depending on local or neighbourhood planning policies. The Planning Consultants at DPAD can guide you through the planning process and advise on the most appropriate course of action. Please contact us as info@dpadltd.com or use the contact form via the button below:
