Major change to 4 year rule - Lawful Developments

The Department for Levelling Up, Housing, and Communities has made changes to the Levelling-up and Regeneration Act 2023 (LURA) to abolish the four-year rule in England.

Starting from April 25th, 2024, the duration during which a possible breach of planning regulations for residential properties and alterations is excused from enforcement will increase from four to ten years in England. However, in Wales, this period will remain at four years.

This comes as a huge change to the planning system as previously, developments that did not benefit from planning permission where able to retrospectively apply for a certificate of lawfulness, subject to being able to prove a continued use for 4 or more years.

If the construction is mostly finished by April 25th, the new ten-year rule won't affect you. Instead, the previous four-year rule will still be in place.

However, we strongly advise submitting a certificate of lawfulness promptly for any residences, extensions, or similar projects. It's essential to provide evidence that the construction was significantly finished by April 25th, 2024. If not, the ten-year rule will apply.

Remember, even if the project is completed by April 25th, 2024, enforcement actions could still occur within the next four years. After April 25th, 2028, enforcement actions can't be taken.

AY Planning & Licensing has extensive experience in handling certificate of lawfulness submissions. Please fill out our form for a fee proposal.