PLP

Question 1

SEARCHES/ENQUIRIES

How long does a local authority have to enforce any breach of planning control?

Answer 1

Pre-April 2024:
* 4 years: building works (runs from date building works ‘substantially completed) OR change of use to a single dwelling house (starts with date use was begun)
* 10 years: any other change of use OR a breach of planning condition

Post April ‘24:
For works completed after April 2024, limitation period = 10 years for ALL planning breaches

Question 2

BUILDING REGULATIONS

What are the enforcement time limits for a breach of building regulations in England and Wales?

Answer 2

Wales:
* Prosecution: 6 months after discovering breach to prosecute person responsible for breach in MC - unlimited fines may be imposed (prosecution may take place up to 2 years after completion of building work)
* Enforcement notice: may be served one year after completion of building works (like PP, notice gives landowner 28 days to comply)
* No time limit for bringing an injunction

England:
* Prosecution: no time limit
* Enforcement notice: local authority has 10 years after completion of building work to serve EN
* Injunction: no time limit