Part VII

Enforcement

Introductory

Time limits.
171B
1
Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of—
a
in the case of a breach of planning control in England, ten years beginning with the date on which the operations were substantially completed, and
b
in the case of a breach of planning control in Wales, four years beginning with the date on which the operations were substantially completed.
2
Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of—
a
in the case of a breach of planning control in England, ten years beginning with the date of the breach, and
b
in the case of a breach of planning control in Wales, four years beginning with the date of the breach.
2A
There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect of relevant demolition (within the meaning of section 196D).
3
In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.
4
The preceding subsections do not prevent—
a
the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or
b
taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the local planning authority have taken or purported to take enforcement action in respect of that breach.
Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11
Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Ss. 171A, 171B and cross heading inserted (2.1.1992 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 4(1), (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5); S.I. 1992/1630, art. 2 (with art. 3(1))
Ss. 171A, 171B inserted (2.1.1992 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 4(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5); S.I. 1992/1630, art. 2 (with art. 3(1))
S. 171B(1)(a)(b) substituted for words in s. 171B(1) (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 115(1), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(b) (with reg. 5)
S. 171B(2)(a)(b) substituted for words in s. 171B(2) (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 115(2), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(b) (with reg. 5)
Pt. 7 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
S. 171B(2A) transitional provisions for effects of 2003 c. 24, s. 63, Sch. 17 paras. 1-6 (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 5(4)(b)
S. 171B(2A) inserted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 4; S.I. 2013/2227, art. 2(m)
Pt. 7 applied (with modifications) (4.7.2023) by The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (S.I. 2023/753), regs. 1(1), 41, Sch. (as amended (E.) (25.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (S.I. 2024/453), regs. 1(2), 4(2))