Provisions the documents cite: s.171A (breach of planning control; taking enforcement action), s.171B (time limits for enforcement — England and Wales differ), s.172 (issue and service of an enforcement notice), s.179 (offence where an enforcement notice is not complied with), s.210 (penalties for non-compliance with tree preservation regulations (England) or a tree preservation order (Wales)), s.192 (certificate of lawfulness of proposed use or development)
What it requires
Carrying out development without the required planning permission, or failing to comply with any condition or limitation subject to which planning permission was granted, is a breach of planning control; taking enforcement action means issuing an enforcement warning notice (s.172ZA for land in England, s.173ZA for land in Wales), issuing an enforcement notice or serving a breach of condition notice (s.171A). Time limits (s.171B): where the breach is building, engineering, mining or other operations without planning permission, no enforcement action may be taken after ten years in England, or four years in Wales, beginning with the date on which the operations were substantially completed (s.171B(1)); where the breach is a change of use of any building to use as a single dwellinghouse, ten years in England, or four years in Wales, beginning with the date of the breach (s.171B(2)); there is no time limit for relevant demolition within the meaning of s.196D (s.171B(2A)); for any other breach, ten years beginning with the date of the breach (s.171B(3)); and further enforcement action is not prevented where the authority took or purported to take enforcement action in respect of the breach in the four years before (s.171B(4)). The England ten-year periods in s.171B(1) and (2) were substituted by the Levelling-up and Regeneration Act 2023 s.115 from 25 April 2024, but the amendments do not apply where the operations were substantially completed, or the change-of-use breach occurred, before that date (S.I. 2024/452 reg 5) — for those older breaches in England the four-year limit remains. The local planning authority may issue an enforcement notice where it appears there has been a breach and it is expedient to do so; a copy is served on the owner and on the occupier of the land and on anyone else with an interest materially affected, not more than 28 days after issue and at least 28 days before the date it takes effect (s.172). Where, after the end of the compliance period, a step required by the notice has not been taken or an activity required to cease is being carried on, the person who is then the owner of the land is in breach of the notice and guilty of an offence; it is a defence to show they did everything they could be expected to do to secure compliance; a person other than the owner who has control of or an interest in the land must not carry on, or cause or permit, an activity the notice requires to cease; offences may be charged by reference to any day or longer period; a person not served with the notice, where the notice is not in the s.188 register, has a defence if unaware of it; the penalty on summary conviction or on indictment is a fine, and the court has regard to any financial benefit (s.179). Tree preservation (s.210): a person who, in contravention of tree preservation regulations (England) or a tree preservation order (Wales), cuts down, uproots or wilfully destroys a tree, or wilfully damages, tops or lops a tree in a manner likely to destroy it — or, in England, causes or permits either — is guilty of an offence punishable on summary conviction or on indictment by a fine, the court having regard to any financial benefit (s.210(1)–(3)); any other contravention of the regulations or order is an offence with a fine up to level 4, and in England proceedings for it may be brought within 6 months of evidence sufficient to justify them coming to the prosecutor's knowledge, but not more than 3 years after the offence (s.210(4)–(4E)). Lawful development certificate (s.192): anyone who wishes to ascertain whether a proposed use of buildings or other land, or operations proposed to be carried out in, on, over or under land, would be lawful may apply to the local planning authority, specifying the land and describing the use or operations; if the authority is provided with information satisfying it that the use or operations would be lawful if instituted or begun at the time of the application, it must issue a certificate to that effect, and in any other case must refuse; the certificate specifies the land, describes the use or operations, gives the reasons for determining them lawful and specifies the application date; and the lawfulness of the use or operations is conclusively presumed unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining lawfulness (s.192(1)–(4)). Applying is an option the section gives, not a requirement it imposes. The enforcement notice and the s.179 offence fall on the owner and occupier, not on a builder as such. WATCH — the Planning (Consequential Provisions) (Wales) Act 2026 Schedule 1 paras 91, 92, 95 and 115 are listed as unapplied, prospective amendments omitting the Wales limbs of ss.171A, 171B and 172 and s.210(4E) (not read). Extends to England and Wales.
The instrument itself: https://www.legislation.gov.uk/ukpga/1990/8/part/VII. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
How this entry is kept current
- Citation status: read in full at the primary source.
- Watched by: legislation.gov.uk "Changes to Legislation" tab — not just the text view; watch the Planning (Consequential Provisions) (Wales) Act 2026 commencement.
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