Since 25 April 2024, a single ten-year rule has applied in England to most breaches of planning control. If a use of land, a change of use, a breach of a planning condition or operational development has continued for at least ten years, it will generally be immune from enforcement.
The ten-year period runs from the date the breach began — or, for operational development, from the date the works were substantially completed — and the use or development must have continued without a significant break.
A Certificate of Lawfulness can then formally confirm that lawful status.
What happened to the four-year rule?
Before 25 April 2024, England operated a shorter four-year rule for two things: operational development (building works), and the change of use of a building to a single dwellinghouse. The Levelling-up and Regeneration Act 2023 abolished that four-year rule — now those breaches fall under the ten-year rule like everything else.
There is an important exception. Under transitional arrangements, the old four-year rule still applies where works were substantially completed, or a change of use to a single dwelling occurred, before 25 April 2024. Many such cases are already immune.
Breach of a planning condition
A breach of a planning condition — such as occupying a dwelling in breach of an agricultural occupancy condition — will generally become immune from enforcement after ten years of continuous breach.
A Certificate of Lawfulness can then be used to confirm that lawful status. This is one of the most common and valuable types of rural CLEUD application.
When the rules don't apply
Planning immunity doesn't apply in every case. Where a breach has been deliberately concealed, or involves the demolition of a building in a conservation area, the usual time limits may not apply.
If concealment could be an issue in your case, it's important to take specialist advice before making an application.
Evidence reviews & appeals
Evidence reviews
Planning immunity stands or falls on evidence. Our Evidence Review is an honest assessment of what you can actually prove. We map the timeline, identify independent sources and pinpoint any gaps before the council does.
Either way, you'll know exactly where you stand before moving forward.
Appeals & refusals
A refused CLEUD application isn't necessarily the end of the road. Decisions can be appealed to the Planning Inspectorate, and in the right circumstances an appeal can succeed where the original application did not.
We prepare and manage CLEUD appeals — and we're equally happy to review refusals prepared by another consultant.
How we establish immunity
It starts with a free assessment — we work out which rule applies, test the evidence and build the case that proves your use is immune from enforcement.
Free assessment
We review the history and tell you honestly whether you have grounds.
Identify the rule
We pinpoint which time limit applies — and whether transitional rules help.
Evidence review
We map the timeline, identify independent sources and pinpoint any gaps.
Confirm & secure
We submit and manage the CLEUD through to a decision on your behalf.
Not sure which rule applies to your property? That's exactly the kind of detail we get right.
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Is the four-year rule really gone?
In England, yes — it was abolished on 25 April 2024 for new cases. But it still applies under transitional provisions where the works were substantially completed, or the change of use to a single dwelling happened, before that date. So for many existing situations, the four-year rule remains highly relevant.
Does the ten years have to be continuous?
Broadly, yes. The use or development must have continued throughout the relevant immunity period without a material break. Short, explainable interruptions may not be fatal, but significant breaks can affect whether planning immunity has been established. That's why a clear, evidence-based timeline is so important.
Not sure if you qualify?
Answer a few simple questions about your property and its history, and we'll give you a clear, honest assessment of where you stand.
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