Significant changes laid out in the Levelling-Up and Regeneration Act 2023 are due to come into force on 25 April 2024. 

Perhaps the most relevant of these changes, for most people, will be the amendments to the time limits for the taking of enforcement action in England.

Currently the time limits for the local planning authority to take enforcement action are as follows:

• 4 years for operational development or a change of use to a single dwelling.
• 10 years for any other breach of planning control (including other changes of use and breach of planning conditions).

(Extensions to the above can be made where there is a deliberate concealment of the breach of planning control).

From 25 April the new time limits will be as follows:

• 10 years for operational development or a change of use to a single dwelling.
• 10 years for any other breach of planning control.

(The provisions relating to deliberate concealment will remain). 

It is worth noting the transitional provisions ensuring these changes will not apply where the unlawful development, or change of use to a single dwelling, was substantially completed before 25 April 2024.

The changes will be relevant when carrying out due diligence prior to acquiring operating assets or considering regularisation strategies where a breach of planning control has occurred. Where breaches occur prior to the 25 April 2024 these should be documented with time stamped photos etc., which can demonstrate that the transitional provisions apply (and subsequently the current shorter enforcement limitation period) should the need arise. 

Key contact

If you have any queries please contact Duncan Williams in Deloitte Legal's real estate planning team. 

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