A local planning authority (LPA) can take enforcement action against development or uses that happened a long time ago, but only if they are within the relevant statutory time limits or the breach is ongoing.
Since 25 April 2024, the time limit for most types of planning enforcement action is ten years. This applies to building works, material changes of use and breaches of planning conditions.
A four‑year time limit now only applies to:
- breaches involving building works which were substantially completed before 25 April 2024.
- breaches involving a change of use to a single dwellinghouse that took place before 25 April 2024.
There are situations where the time limits can be extended. For example:
- If the LPA believes there has been deliberate concealment, they can apply to the Magistrates’ Court for a planning enforcement order, giving them additional time to act.
- The LPA may take “second bite” enforcement action within four years of an earlier enforcement action if an enforcement notice was served in time but was later withdrawn or quashed due to a technical flaw.
For listed buildings, the statutory time limits for taking enforcement action does not apply. What matters is whether the works were carried out after the building was listed—if so, the LPA can still take formal action. You can check a building’s listing date on the National Heritage List for England.
If you intend to claim immunity from enforcement, the enforcement officer will expect you to provide evidence. Useful examples include:
- Receipts or invoices showing when the work was done
- Dated photographs showing the development in place over the relevant period
- Digital photos with date information in the file properties
In some cases, the LPA may ask you to apply for a Lawful Development Certificate (LDC). This involves submitting evidence to show—on the balance of probabilities—that the development or use has existed long enough to be lawful. If the council is satisfied, they will issue the certificate.