The 4-Year Rule
The 4-Year Rule is Out: A Guide to Planning Enforcement Changes in England (April 2024)
As of this week (25th April 2024), a significant shift is taking place in England’s planning enforcement landscape through the Levelling Up and Regeneration Act. The long-standing “4-year rule” is being scrapped, replaced by a stricter 10-year enforcement window. This blog aims to outline these changes and their implications for homeowners, developers or anyone interested in planning regulations.
Understanding the 4-Year Rule
Previously, under the 4-year rule, local authorities in England had a limited timeframe of four years to take enforcement action against unauthorised operational development. This meant that if a development proceeded without proper planning permission, as long as it remained unchanged and operational for four years, it became much harder for authorities to take legal action.
The Rise of the 10-Year Rule
The Levelling-up and Regeneration Act 2023 brought about this substantial change. The 4-year rule is abolished, and a 10-year enforcement window is maintained and implemented for all development and changes of use. This empowers local authorities to take action against unauthorised developments for a much longer time period.
What Does This Mean for You?
The implications of this change depend on the type of development:
For Homeowners
- Existing Developments: If you have an existing development that lacked planning permission but has been in place for at least four years as of April 24th, 2024, you may still be eligible to apply for a Certificate of Lawfulness for existing use or development (CLEUD) if you act quickly. This enables you to gain a certificate which states the Council are unable to take enforcement action against your proposal resulting in an issued certificate of lawfulness. However, it’s crucial to seek professional planning advice to assess your specific situation due to nuances and complexities in applying with the correct evidence base.
- Future Developments: Always prioritise obtaining planning permission before starting any building work. The 10-year enforcement window significantly increases the risk of facing enforcement action if construction works are carried out not in accordance with approved drawings, or completely unauthorised development which does not benefit from planning permission. With Councils now having a 10 year window, we expect to see more Planning Enforcement Notices requiring demolition or alterations to built developments.
For Developers
- Increased Scrutiny: Developers now face a longer timeframe for potential enforcement action. This highlights the importance of thorough planning processes and ensuring all necessary permissions are in place before commencing development. If changes are needed to developments during the course of the build, it is vital to apply for these alterations to ensure the built form has the correct permissions in place.
- Retrospective Applications: Whilst some developments may benefit from the 4-year immunity up to 25th April 2024, outside of this time, the 10 year rule now comes into force. It is still possible to apply retrospectively for planning permission, for retention or alteration of a proposal to bring the development into a lawful state. However, seeking planning permission retrospectively can be more challenging and potentially more expensive than obtaining permission upfront.
- Have the correct permissions: Without all the correct paperwork, mortgage lenders are now starting to resist finance for newer developments if they have not been built in accordance with the approved plans. If at the outset or during the build of the project, changes are required, these need to be made at the earliest opportunity otherwise developers face holding property for in excess of 10 years to be immune from enforcement action, and to be able to sell with finance on the open market.
The Importance of Professional Advice
Navigating planning regulations can be complex. With the abolishment of the 4-year rule, seeking professional advice from a planning consultant is even more crucial. They can help you:
- Understand the implications of the 10-year rule for your specific situation.
- Assess the viability of applying for a CLEUD for existing developments.
- Guide you through the planning permission process for future projects.
Planning for the Future
The 4-year rule’s abolishment signifies a shift towards stricter enforcement of planning regulations in England. While this may pose challenges, it also promotes a new beginning, of well-considered and sustainable developments that contribute positively to their local area. Something we need to get better and better at to provide good homes, whilst enhancing the areas they are created within.
By staying informed and seeking professional guidance, homeowners and developers can navigate these changes effectively and ensure their projects comply with the updated planning framework.