The Death of the Four-Year Rule: New Time Limits for Planning Enforcement
For years, the "Four-Year Rule" was a well-known loophole in English planning law, allowing certain unauthorized works to become legal relatively quickly. However, following the Levelling-up and Regeneration Act 2023 (LURA), the landscape has changed dramatically.
Key Date: 25th April 2024
As of this date, the clock has slowed down for developers, and the window for council intervention has widened significantly. The four-year rule has effectively been replaced with a ten-year rule.
The Old vs. New: What Has Changed?
Previously, Section 171B of the Town and Country Planning Act 1990 created a "two-tier" system for enforcement. That system has now been "harmonized" into a single ten-year limit.
| Breach Type | Old Time Limit (Pre-April 2024) | New Time Limit (Post-April 2024) |
|---|---|---|
| Operational Development (Building, engineering, or mining works) | 4 Years | 10 Years |
| Change of Use to a Single Dwelling (Converting a barn/office to a house) | 4 Years | 10 Years |
| Any Other Change of Use (e.g., from a shop to a cafe) | 10 Years | 10 Years |
| Breach of Planning Condition | 10 Years | 10 Years |
The "Transitional Provisions": Do You Still Qualify for the 4-Year Rule?
The most common question we receive is: "Does my extension suddenly need another six years to be safe?" The answer depends on when the breach occurred. The government introduced "Transitional Provisions" to ensure the new law isn't unfairly retrospective.
Works "Substantially Completed" before 25th April 2024
You still benefit from the 4-year rule. You just need to prove the completion date.
Change of use to a dwelling before 25th April 2024
You still benefit from the 4-year rule.
Breach occurred ON or AFTER 25th April 2024
You are subject to the new 10-year rule.
The Evidence Trap
Even if you qualify for the old 4-year rule, the "burden of proof" is on you. If you cannot produce dated invoices, photos, or utility bills from before April 2024, the council may default to the 10-year requirement.
Escalating Risks: Fines and Penalties
The 2023 Act didn't just extend time limits - it also significantly increased the penalties for non-compliance with enforcement notices.
Unlimited Fines
For failing to comply with an enforcement notice, courts can now impose unlimited fines rather than the previous capped amounts.
Criminal Liability
In serious cases, breaches can result in criminal prosecution. The Act has strengthened councils' enforcement powers considerably.
What Should You Do Now?
Gather Your Evidence
Collect dated photos, invoices, utility bills, and any other documentation that proves when your works were completed.
Consider a Certificate of Lawfulness
If you believe your works are now immune from enforcement, apply for a CLEUD to get formal confirmation from the council.
Seek Professional Advice
The transitional provisions are complex. Get expert guidance to understand your specific situation and options.
For New Works: Plan Properly
With a 10-year enforcement window, the risks of unauthorized development have increased substantially. Always obtain proper permissions.