Provisions of the Levelling-Up and Regeneration Act 2023 that reform planning enforcement time limits came into force in October 2026 by commencement order. The changes affect how long a local planning authority (LPA) has to issue an enforcement notice against a breach of planning control.
What changes. Previously, time limits for planning enforcement were: four years for most operational development (building works) and for a change of use of a building to a dwelling; and ten years for other changes of use and for conditions attached to planning permissions. The Act replaces these with a single ten-year time limit for all enforcement cases. This means councils now have ten years (from the date the breach began) to issue an enforcement notice for any breach, including building works and conversions to dwellings.
What does not change. The time limits apply to enforcement notices — they do not create a positive right to build without permission. Carrying out development without permission remains a breach of planning control from day one. The immunity from enforcement is a procedural defence, not permission. If you are served with an enforcement notice, you can appeal to the Planning Inspectorate on grounds including that the time limit has expired.
Practical effect for property owners and buyers. The change affects buyers of properties where there may be historical planning breaches — for example, extensions, loft conversions, or outbuildings erected more than four but fewer than ten years ago. Previously, a four-year breach was immune from enforcement; that immunity is now removed for breaches occurring after the commencement date. Conveyancers will need to update their search and reporting procedures. If you are purchasing a property with historical building works, discuss the planning history with your conveyancer and consider whether indemnity insurance is appropriate. See the buying a home legal process article and the indemnity glossary entry for the relevant concepts.