## **Learning Outcomes**

This article outlines planning law enforcement in property transactions, including:

- Statutory time limits for planning enforcement and when immunity arises, with emphasis on the four- and ten-year rules and calculation of time.
- Operational development, changes of use (including to a single dwellinghouse), and breaches of condition, with the correct limitation period for each and how ongoing or intermittent breaches affect limitation.
- Deliberate concealment and planning enforcement orders, focusing on when concealment is established and how a planning enforcement order disapplies normal time limits.
- Local authority enforcement powers (planning contravention notices, enforcement notices, stop and temporary stop notices, breach of condition notices, injunctions) and consequent criminal liabilities, including potential confiscation of unlawful profits and use of default powers.
- Appeal rights and outcomes, including the power to grant permission on enforcement appeal, common grounds of appeal, and the effect of an appeal on the status of the notice.
- Marketability, lender requirements, transactional risk, and how local searches reveal notices, with risk management via lawful development certificates, retrospective applications, indemnity insurance, and careful contractual allocation of risk.
- The distinction between planning control and building regulations control and their different enforcement time limits, stressing their separate regimes, remedies, and implications for due diligence in transactions.

## **SQE1 Syllabus**

For SQE1, you are required to understand planning law enforcement in property transactions, with a focus on the following syllabus points:

- The statutory time limits for planning enforcement actions (operational development, changes of use, breaches of condition) and when immunity can be certified
- The main enforcement mechanisms available to local planning authorities (planning contravention notices, enforcement notices, stop and temporary stop notices, breach of condition notices, injunctions)
- Deliberate concealment and planning enforcement orders
- Appeal routes and outcomes on enforcement notices (including the power to grant planning permission or vary steps)
- The consequences of breaches of planning control for property transactions and lender requirements
- The impact of enforcement issues on the marketability and value of property, and how searches reveal enforcement notices
- The distinction between planning control and building regulations control and their different enforcement time limits

## **Test Your Knowledge**

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision._

1. What is the time limit for a local planning authority to take enforcement action against unauthorised building works?
2. Which enforcement tool allows a local authority to require immediate cessation of a breach of planning control?
3. How long does a local authority have to enforce against a breach of a planning condition?
4. What is the effect on a property transaction if there is an outstanding enforcement notice affecting the property?

## **Introduction**

Planning law enforcement is a key aspect of property transactions. Local planning authorities (LPAs) have statutory powers to address breaches of planning control, but these powers are subject to strict time limits and must be exercised where expedient having regard to the development plan and other material considerations. Understanding the types of breaches, the relevant enforcement periods, available enforcement mechanisms, and how enforcement interacts with property practice (searches, lender requirements, and risk allocation) is essential for advising clients and assessing transactional risk.

## Enforcement of Planning Control: Overview

Planning control is enforced primarily under the Town and Country Planning Act 1990 (TCPA 1990). LPAs investigate suspected breaches and decide whether enforcement is expedient. Enforcement action must be directed to remedying harm—either by requiring cessation or removal of unauthorised development, or securing compliance with conditions.

Not every breach can be enforced indefinitely. Statutory limitation periods apply; once they expire, the breach generally becomes lawful (subject to deliberate concealment). Owners of land that has become immune typically seek formal confirmation by way of a lawful development certificate for existing use/development.

> **Key Term: breach of planning control**
> A breach of planning control occurs when development is carried out without the required planning permission, or when a condition or limitation attached to a planning permission is not complied with.

LPAs have supporting investigative powers, including rights of entry and the ability to obtain information through a planning contravention notice. If enforcement is pursued, notices bind successors in title and therefore directly affect buyers and lenders.

## Statutory Time Limits for Enforcement

The TCPA 1990 sets out specific time periods within which LPAs must take enforcement action (s171B). After these periods elapse, the breach is generally immune from enforcement; owners commonly apply for a lawful development certificate to evidence lawfulness.

### Operational Development (Building Works)

- **Time limit:** 4 years from substantial completion.
- **Example:** Erecting an extension without planning permission.

The 4-year period runs from the date the building operations were substantially completed. If works are ongoing, the clock does not start until substantial completion. Once the period has expired, the physical works themselves are immune, although any subsequent use may be controlled separately.

> **Key Term: operational development**
> Physical building works or engineering operations, such as constructing a new building or extension.

### Change of Use to a Single Dwellinghouse

- **Time limit:** 4 years from the date the use as a dwellinghouse began.
- **Example:** Converting an office into a flat without permission.

This shorter period reflects the particular sensitivity of residential occupation. Continuous use as a single dwellinghouse is required for the immunity to accrue.

### Other Material Changes of Use and Breach of Condition

- **Time limit:** 10 years from the date of the breach.
- **Example:** Using a shop as a restaurant without permission, or failing to comply with a planning condition.

For breaches of condition, time runs from the first date of non-compliance; immunity requires at least 10 years of continuous breach. Intensification of use can be material; when advising, consider whether the character of a use has changed over time such that a fresh breach could be alleged.

> **Key Term: breach of condition**
> Failure to comply with a condition attached to a planning permission.
>
> **Key Term: material change of use**
> A significant change in the use of land or buildings that requires planning permission.

Once the relevant period has passed, owners may apply for a lawful development certificate confirming lawfulness.

> **Key Term: lawful development certificate**
> A certificate confirming that an existing use or development, or a proposed use or operation, is lawful for planning purposes (TCPA 1990 ss191–192).

### Deliberate Concealment

If a breach is deliberately concealed, the usual time limits do not protect the owner. LPAs may apply for a planning enforcement order (PEO) from the magistrates’ court where concealment is proven. If granted, the LPA gets a new window to take enforcement action notwithstanding the passage of time.

> **Key Term: planning enforcement order**
> A magistrates’ court order (under provisions inserted by the Localism Act 2011) allowing enforcement action despite the usual time limits where a breach was deliberately concealed; the LPA must apply within six months of discovering the breach, and enforcement may then be pursued within the period specified by the order.

Note: Listed building control under the Planning (Listed Buildings and Conservation Areas) Act 1990 is stricter—there is no time limit for enforcement of unauthorised works to listed buildings, and carrying out such works is a criminal offence.

## Main Enforcement Powers of Local Authorities

LPAs have a range of statutory tools to address breaches of planning control. Selection of the appropriate tool depends on urgency, nature of breach, and public interest considerations.

### Planning Contravention Notice (PCN)

A PCN is used to obtain information and invite representations about suspected breaches. It is an investigative tool, not an enforcement measure. Failure to comply or providing false information is a criminal offence.

> **Key Term: planning contravention notice**
> A formal notice requiring information about activities or uses on land where a breach is suspected; used to investigate and clarify before formal action.

### Enforcement Notice

An enforcement notice is the primary tool for remedying a breach. It must specify the alleged breach, the steps required, and the time for compliance. It can require either cessation of a use, removal/alteration of unauthorised works, or compliance with conditions.

Recipients have a right of appeal to the Planning Inspectorate. Lodging an appeal suspends the notice’s effect until determination. On appeal, the Inspector may uphold, quash, or vary the notice; importantly, the Inspector can grant planning permission (or consent) for the matters alleged, or relax/modify steps and periods for compliance.

> **Key Term: enforcement notice**
> A notice served by an LPA requiring the recipient to remedy a breach of planning control within a specified period; appealable, with the notice’s effect suspended during the appeal.

Common grounds of appeal include: permission is not required; no breach has occurred; the notice is out of time; the steps required are excessive or inappropriate; or planning permission should be granted. If upheld, failure to comply is a criminal offence and may lead to prosecution. LPAs also have “default powers” to enter land and take steps themselves, recovering costs.

### Stop Notice

A stop notice can be served alongside an enforcement notice to require immediate cessation of specified activities where urgent action is needed to prevent serious harm. Stop notices cannot be used as a stand-alone mechanism and are subject to statutory constraints, including that they may not prohibit use as a dwellinghouse. If a stop notice is later quashed or the related enforcement notice is varied or withdrawn, compensation may be payable to the affected party for loss caused by its service.

> **Key Term: stop notice**
> A notice requiring the immediate cessation of activities in breach of planning control, served in conjunction with an enforcement notice where urgent cessation is expedient.

LPAs may also serve a temporary stop notice where immediate short-term action is required pending further investigation.

> **Key Term: temporary stop notice**
> A short-term notice (effective immediately for up to 28 days) requiring specified activities to cease while the LPA investigates; cannot be used to prohibit use as a dwellinghouse.

### Breach of Condition Notice (BCN)

A BCN is used where a planning condition has not been complied with. Unlike enforcement notices, there is no right of appeal; the BCN requires compliance within the stated period. Failure to comply is a criminal offence and may lead to prosecution. BCNs are well-suited to ongoing breaches (for example, hours of operation, deliveries, or noise constraints).

> **Key Term: breach of condition notice**
> A notice served by an LPA requiring compliance with a planning condition; failure to comply is an offence and there is no right of appeal.

### Injunction

In serious or persistent cases, the LPA may apply to the court for an injunction to restrain actual or apprehended breaches. Injunctions may be sought urgently (for example, to prevent anticipated harm) and are unaffected by enforcement time limits. Breach of an injunction is contempt of court.

> **Key Term: injunction**
> A court order requiring a person to do or refrain from doing something, used by LPAs to prevent or stop breaches of planning control.

## Consequences of Enforcement Action

Enforcement action has significant implications for property owners, occupiers, and prospective buyers:

- An outstanding enforcement notice binds successors in title. Buyers take subject to the notice and must comply within the timeframe remaining. Marketability and value are often impaired.
- Failure to comply with an enforcement notice, stop notice, temporary stop notice, or BCN is a criminal offence. The magistrates’ court can impose unlimited fines, and in serious cases confiscation orders under the Proceeds of Crime Act 2002 may be sought to strip unlawful profits arising from unauthorised development or use.
- LPAs may exercise default powers to enter land, carry out required steps, and recover costs from the owner/occupier.
- If a stop notice is wrongly served (for example, and the related enforcement notice is quashed), compensation for consequential loss may be payable.
- Once immunity periods expire, formal confirmation via a lawful development certificate provides certainty; without certification, residual doubt may deter purchasers or lenders.

### **Worked Example 1.1**

A homeowner builds a garage without planning permission. The garage is completed in January 2018. The LPA discovers the garage in March 2023.

> **Answer:** The LPA cannot take enforcement action because more than 4 years have passed since substantial completion. The garage is now immune from enforcement.

### **Worked Example 1.2**

A business owner changes the use of a warehouse to a gym in February 2012 without planning permission. The LPA becomes aware in April 2021.

> **Answer:** The LPA can still take enforcement action because the 10-year time limit for material changes of use has not yet expired.

### **Worked Example 1.3**

A café was granted permission in 2015 subject to a condition restricting opening hours to 8am–6pm. Since 2017, it has opened until 10pm daily without a variation of condition.

> **Answer:** The LPA may enforce within 10 years of the first breach of the condition. A breach of condition notice is well-suited here; there is no right of appeal and failure to comply is an offence.

### **Worked Example 1.4**

An LPA serves a temporary stop notice to halt occupation of a flat recently created without permission, citing harm to amenity.

> **Answer:** A temporary stop notice cannot prohibit use as a dwellinghouse. The LPA should consider an enforcement notice (with or without a stop notice if relevant activities other than occupation need to cease) or seek an injunction if urgent restraint is justified.

### **Worked Example 1.5**

A large outbuilding was constructed entirely within a barn and disguised behind a false wall. It has been used commercially for over 10 years. On inspection, the LPA discovers deliberate concealment.

> **Answer:** The LPA can apply for a planning enforcement order. If granted, the usual time limits will not protect the owner; enforcement can proceed within the period specified by the order.

## Impact on Property Transactions

When acting in a property transaction, always check for:

- Outstanding enforcement notices, stop notices, or temporary stop notices (revealed via local authority enquiries, CON29)
- Evidence of unauthorised development or use (including works or uses undertaken without planning permission or in breach of conditions)
- Compliance with planning conditions (for example, hours of operation, materials, landscaping, parking provision)
- Whether immunity has accrued and, if so, whether a lawful development certificate has been obtained
- Whether works required building regulations approval and whether completion/self-certification certificates are in place

If enforcement action is possible or ongoing, advise on risks and options:

- Consider applying for retrospective planning permission (retrospective applications can regularise unauthorised works or uses, but refusal may be followed by enforcement action).
- Where immunity appears to have accrued, seek a lawful development certificate to evidence lawfulness for a buyer or lender.
- Indemnity insurance may manage residual enforcement risk in defined circumstances (for example, minor historic breaches), but usually cannot be used where the local authority has been approached or action is ongoing.
- Building regulations are distinct from planning. Enforcement is typically within two years of completion of works (with certain notices within one year), but injunctions may be sought at any time if works are unsafe. Where certificates are missing, consider indemnity insurance or a regularisation application; inform the lender and obtain surveyor input given structural and safety concerns.

Lenders expect “good and marketable title.” The UK Finance Lenders’ Handbook requires solicitors to confirm the property has the benefit of necessary planning consents and building regulations approvals and that no enforcement action is threatened or outstanding that would compromise residential use. If adverse entries are revealed, discuss implications with the lender before exchange.

### **Exam Warning**

> If a breach has been deliberately concealed, the statutory time limits do not protect the owner. The LPA may take enforcement action once the breach is discovered, regardless of how much time has passed. Also note that stop and temporary stop notices cannot be used to prohibit use as a dwellinghouse; in urgent residential cases, an injunction may be the appropriate remedy.

## **Key Point Checklist**

_This article has covered the following key knowledge points:_

- The main statutory time limits for planning enforcement are 4 years for operational development and change of use to a single dwellinghouse, and 10 years for other changes of use and breaches of condition.
- Immunity from enforcement should be evidenced by a lawful development certificate; otherwise, transactional uncertainty may persist.
- Deliberate concealment disapplies limitation via planning enforcement orders, allowing enforcement despite the passage of time.
- Local planning authorities have a range of enforcement powers: planning contravention notices (investigation), enforcement notices (primary remedy), stop notices and temporary stop notices (urgent cessation), breach of condition notices (no appeal), and injunctions (court-ordered restraint).
- Outstanding enforcement notices bind successors in title and can affect property transactions; failure to comply is a criminal offence with unlimited fines and possible confiscation of unlawful profits.
- Stop and temporary stop notices cannot prohibit use as a dwellinghouse; misuse can expose the authority to compensation risk.
- Planning and building regulations are separate regimes with different enforcement time limits; both must be checked in property transactions.
- Use local searches (LLC1/CON29) and seller enquiries to identify enforcement issues, and liaise with lenders under the UK Finance Lenders’ Handbook to manage risk.

## **Key Terms and Concepts**

- breach of planning control
- operational development
- material change of use
- breach of condition
- lawful development certificate
- planning contravention notice
- enforcement notice
- stop notice
- temporary stop notice
- breach of condition notice
- injunction
- planning enforcement order


Planning law in property transactions - Enforcement: time limits and local authority powers