Planning lawyer explains how the four-year rule could still apply to your project

Homeowners could still gain automatic planning approval for some projects built without planning permission over four years ago – despite the four-year rule being scrapped, according to a planning lawyer.

The four-year limit was replaced by a 10 year limit as part of the government's Levelling-Up and Regeneration Act, giving councils more time to take action against planning breaches. The planning reforms shakeup also saw new biodiversity parameters added as well as new rules on planning permission for renting out properties to tourists.

Here, planning lawyer Alec Cropper explains how homeowners could potentially still apply for planning approval if their project falls within the four year period, but not 10 years.

What was the four-year rule?

The four-year rule granted immunity from planning enforcement for unauthorised residential developments existing for at least four years. 

Normally, without planning permission, enforcement action can be taken by the local authority, subject to certain planning conditions. However, after four years, enforcement action cannot be pursued, though building regulations still apply. 

The rule did not apply in instances where the owner had deliberately concealed building work or if enforcement action had already been taken before the four years had elapsed.

However, last year Homebuilding & Renovating revealed that the four-year rule was being quietly scrapped as part of the latest changes to the Levelling-Up and Regeneration Act.

Instead a 10 year rule would apply, meaning homeowners would have to wait 10 years rather than four before any works would become immune from enforcement action.

We asked the government for their reasons for removing the four-year rule in July 2023 and they said it was aimed at "strengthening the powers" of local councils.

How could the four-year rule still apply now?

Alec Cropper, a partner at planning law firm Walton & Co, explains: "For operational development, the 10-year clock will start to run from the date that the operations were ‘substantially completed’. For changes of use of a building to a dwelling, the 10-year period will commence from the date of the breach."

He continued, explaining that not all projects would necessarily now need to wait the 10 year period before being immune from action.

"It's important that people understand the small print," he said. "The old four-year limit will continue to apply where operations in breach of planning were mostly completed before 25th April 2024, or where someone changed the use of a building to a dwelling without permission before 25th April 2024."

He advises that if you are unsure whether your home or development no longer qualifies under the four or ten-year rules to seek legal advice and also to take detailed photographic records of your project to prove when it started as: "Evidence like this may assist in resisting any future enforcement action or in making applications for lawful development certificates.”

Alec Cropper

Alec is a specialist in planning and compulsory purchase, providing advice and support to clients in various areas such as strategic applications, planning appeals, High Court proceedings, and site promotion. He negotiates agreements related to planning, highways, and infrastructure to facilitate major development projects. 

Alec's client base includes developers, housebuilders, public authorities, and individuals, and he works on a wide range of development projects including residential, commercial, leisure, waste, and renewable energy.