Planning enforcement time limit for unauthorised building works in England (TCPA 1990, s.171B)
In October 2026 you act for Leila Haddad on her proposed purchase of a semi-detached house in Leicester, England. Replies to enquiries reveal that the seller built a large two-storey rear extension without planning permission. Building work was substantially completed in March 2025. The local planning authority has taken no action so far. Leila asks whether the extension is now safe from planning enforcement.
Which of the following best describes the position on planning enforcement?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: The local planning authority may take enforcement action until ten years from substantial completion of the works, so the extension is not immune and the risk should be addressed before exchange.
THE RULE TO REMEMBER
In England, enforcement action against unauthorised building operations may be taken within ten years of substantial completion (four years still applies to works completed before 25 April 2024).
Planning enforcement time limit for unauthorised building works in England (TCPA 1990, s.171B)
Section 171B(1) of the Town and Country Planning Act 1990 sets the time limit for enforcement against operational development carried out without planning permission, such as building an extension. As amended by s.115 of the Levelling-up and Regeneration Act 2023 from 25 April 2024, the period for a breach in England is ten years beginning with the date on which the operations were substantially completed (in Wales it remains four years). Under the transitional provision in reg. 5 of SI 2024/452, the old four-year rule continues to apply only where the works were substantially completed before 25 April 2024. These works were completed in March 2025, so the ten-year limit applies and the authority can act until March 2035. The extension is not immune. Leila should be advised to require the seller to obtain retrospective planning permission or a suitable solution, or consider a price reduction or other protection, before exchange.
Why A is wrong: The four-year limit now applies in England only to works substantially completed before 25 April 2024; these works finished in March 2025.
Why C is wrong: There is no 12-month immunity rule for unauthorised operational development.
Why D is wrong: Section 171B imposes a time limit (ten years in England) on enforcement against unauthorised building operations.
Why E is wrong: Enforcement action runs with the land and can be taken against the owner or occupier for the time being, so a buyer takes the risk.
A little more practice done.
Related questions
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Which of the following best describes what must be done after completion to deal with tax on the purchase?
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