4 year lawful development rule could end in April 2023

4 year lawful development rule could end in April 2023. 

The Levelling-up and Regeneration Bill is making its way through Parliament and the House of Lords is proposing among other things to scrap the 4 year established use rule. This could come into force as early as April 2023. 

The 4-year rule allows homeowners, developers and business-owners to “regularise” certain developments which were carried out without planning permission by demonstrating that the use or works were in place for at least 4 years (without enforcement action having been taken). 

Many of our clients have obtained a lawful development certificate for works which were carried out without planning permission by providing evidence covering a 4 year period. These have included: rear extensions, loft extensions, roof terraces, splitting a house into two or more flats, outbuildings in conservation areas and other householder planning developments.

Some developments are subject to a 10 year rule instead of the 4 year rule. This means that development must be in place for over 10 years from the date the Lawful Development Certificate can be made.

For example, if a property was converted from a house to an office, or an office to a restaurant without planning permission, it would have to be in place for 10 years before it became lawful. So a house converted to an office in 2014 would not become lawful until 2024, where as with a residential development (extensions and conversions to flats) you will only need 4 years of evidence. So the conversion of a house into two flats with a rear extension would only become lawful in 2023 if the works were carried out prior to 2019.

The Levelling-up and Regeneration Bill will replace the 4-year rule with the 10-year rule. This means all development currently subject to the 4-year rule would need to be in place for at least 10 years before it could become lawful.

These rules are likely to come into play in April 2023, therefore there is still time to apply for a lawful development for 4 years. Get in touch with us today and we will be happy to assist you with the lawful development application and process. Please email: enquiries@4dplanning.com for a quick free quote or for a call back to discuss your project.

UPDATE November 2023: The 10 year rule has now taken effect. You will no longer be able to apply for lawful development on the basis of 4 years of evidence. 

UPDATE March 2024: The 4 year rule is still being considered by most local authorities. It is not too late to submit a lawful development application.