Planning and Building Enforcement

Question 1

What constitutes a breach of planning control?

Answer 1

1. Development without planning
2. A limitation on planning has been breached

Question 2

What enforcement options does local authority have for breach of planning?

Answer 2

1. Enforcement notice
2. Stop notice
3. Breach of condition notice
4. Injunction

Question 3

What is an enforcement notice? How long is the notice valid?

Answer 3

Land must be restored to condition before or comply with conditions within 28 days – after which land owner may be fined and Local Authority can enter

Question 4

What is a stop notice?

Answer 4

Requires specified activity to stop immediately

Question 5

Can a local authority prohibit use of a dwelling house or other activity?

Answer 5

Not if it has been carried out for more than four years

Question 6

What are the enforcement time limits for local authority before 25 April 2024?

Answer 6

4 years
a. Building works (starting from when they were substantially completed)
b. Change of use to dwelling house

10 years
a. Other changes of use
b. Breach of planning condition

Question 7

What are the enforcement time limits for local authority on or after 25 April 2024?

Answer 7

10 years for all planning breaches

Question 8

What can the Local Authority do for enforcement outside time limits if breach was deliberately concealed?

Answer 8

If breach was deliberately concealed, local authority can apply for Magistrates’ court for a planning enforcement order

Question 9

Can Local Authority enforce for breach of building regulations?

Answer 9

Yes

Question 10

What are enforcement options for breach of building regulations?

Answer 10

• Prosecution
• Enforcement notice
• Injunction

Question 11

Tell me about prosecution for breach of Building Regulations

Answer 11

• Builder can be prosecuted for breach in Magistrates’ Court
• Unlimited fines may be imposed
• Prosecution can take place in unlimited time

Question 12

When can enforcement service be served? Once served, what is time limit?

Answer 12

• Local authority has ten years after completion to serve enforcement notice
• Landowner has 28 days to alter or remove work

Question 13

Tell me about injunction for breach of Building Regulations

Answer 13

If work is unsafe, no time limit

Question 14

What sources would help buyer solicitor checking compliance with planning law and building regulations?

Answer 14

1) Local search
2) Seller’s replies to enquiries
3) Buyer’s survey

Question 15

What options are available to a buyer on discovering breach of planning or building regulations?

Answer 15

1) Indemnity insurance (only covers financial loss for enforcement)
2) Invite seller to regularise matters before completion
3) Retrospective planning
4) Regularisation certificate before completion