When planning regulations are breached, the 4-year and 10-year rules can help reduce the risk of enforcement action against property owners.
In this article, we provide a detailed explanation of these rules for homeowners, property developers, contractors, architects, and others involved in UK construction projects. We clarify the requirements, implications, and exceptions associated with these rules, helping individuals understand their legal responsibilities and rights.
Table of Contents
- What is the 4-year rule in building regulations?
- What is the ten-year rule in building regulations?
- How are the rules applied?
- Considerations for residential, commercial, and industrial properties
- Exceptions to the four and ten-year rules and limitations of enforcement
- Implications for homeowners and property developers
- Legal options and remedies for breach of building regulations or defects within prescribed timeframes
- How can Lawhive help?
What is the 4-year rule in building regulations?
The 4-year rule, set out in the Town and Country Planning Act 1990, allows projects built without planning permission to remain if they've stood for at least 4 years without enforcement action, as long as they weren't intentionally hidden from local authorities. This rule typically applies to buildings converted into single dwellings.
What is the ten-year rule in building regulations?
Since October 2023, changes have been made to the 4-year rule under the Levelling-up and Regeneration Act. It will eventually be replaced by a new 10-year rule for all properties in England, while the 4-year rule will still apply in Wales.
The exact timing of when this change will take effect is uncertain, as much of the Levelling-up and Regeneration Act hasn't become law yet. To make the 4-year rule obsolete, the Secretary of State needs to introduce additional regulations through a commencement order. Until this happens, developers can still rely on the 4-year rule to protect their properties.
If your property is nearing the 4-year deadline, it's important to prepare to obtain a Lawful Development Certificate, which legalises your development.
It's unclear if you'll be able to apply the 4-year rule under the 10-year rule once the shorter time frame is eliminated. Therefore, it's important to gather evidence like photos, affidavits, leases, invoices, and certificates to ensure you obtain the certificate promptly.
How are the rules applied?
If you believe your planning breach falls within the 4-year or 10-year rule, you should apply for a Lawful Development Certificate from your local planning authority.
This certificate retroactively grants permission for your unauthorised development or change of property use. It allows you to continue using your developed property legally.
You can apply for a Lawful Development Certificate once the 4 or 10-year time limit has passed and a planning breach is in place. You're eligible to apply for the certificate in the following situations:
You've carried out building works or a change of use without planning permission.
The building has been completed, and the property has been used as a dwelling for more than 4 or 10 years.
A condition or limitation of planning permission has not been met for more than 10 years.
Considerations for residential, commercial, and industrial properties
Lawful Development Certificates can be used for properties that don't meet planning requirements. For instance, an outbuilding on a farm that includes living spaces like a bedroom, bathroom, or kitchen.
When a commercial building is converted into a single dwelling, the 4-year rule applies (until it is fully replaced by the 10-year rule).
While both rules are in effect, here's a summary of where each currently applies:
Use of an outbuilding as a separate single dwelling: 4 years
Construction of a single dwelling: 4 years
Extension of an existing building: 4 years
Conversion of a building to a single holiday let: 4 years
Conversion of a commercial building to a single dwelling: 4 years
Construction of a new building of the same use within the site: 4 years
New fences, gates, walls: 4 years
Use of a building as an HMO: 10 years
Commercial use of a barn: 10 years
Change of use (except dwelling): 10 years
Breach of conditions: 10 years
Exceptions to the four and ten-year rules and limitations of enforcement
Like any rule, there are exceptions. For example, if a landowner gets planning permission for an agricultural building but then builds a house instead, this could be considered fraud. The local planning authority may choose to withhold a Lawful Development Certificate in such cases.
Additionally, the 4 and 10-year rules would not apply if building development has been intentionally concealed. In a case from 2013, a farmer built a £1 million castle while hiding it from view with hay bales. The farmer was ordered to demolish the building because the Planning Inspectorate ruled that the 4-year rule did not apply due to concealment.
Developments related to mining and waste disposal are exempt from the 4-year rule and may not be immune.
If a planning authority becomes aware of potential development concealment and can prove it, they can withhold a Lawful Development Certificate.
The 4-year rule does not apply to unauthorised works on a listed building, in designated or conservation areas, or any work that caused protected trees to be felled. Developers who disregard these exceptions may face criminal liability for their actions.
Implications for homeowners and property developers
It's important to note that the 4-year and 10-year rules apply to continuous use. The clock starts ticking when the development is finished or when the property's use begins. Developers must keep accurate records to ensure their certificate remains valid.
If there's a pause in the property's use, the countdown may reset, and the developer could lose their protection from enforcement action.
The 4-year rule can transfer to new owners if a developer or homeowner sells the property. The new owner inherits the time accrued towards the limit by the previous owner.
Residents in areas of development may worry about developers gaining immunity. While it's essential for developers to obtain immunity, they shouldn't do so at the expense of harming the community or neighborhood. This is a key consideration for planning authorities when evaluating Lawful Development Certificate applications.
Legal options and remedies for breach of building regulations or defects within prescribed timeframes
Once an enforcement notice has been issued, a developer cannot apply for a Lawful Development Certificate. However, you can appeal the notice, which puts it on hold. During this time, you can still apply for a certificate if necessary.
How can Lawhive help?
Our property solicitors are closely monitoring any Government announcements regarding property legislation. Once a date or timeline for the abolition of the 4-year rule is confirmed, we will provide you with a comprehensive guide.
In the meantime, if you need guidance on the four-year and ten-year rules in building regulations, our construction law experts are here to assist you.
Contact us today for free case evaluation.