The 10-year rule after the Levelling-up and Regeneration Act

The Levelling-up and Regeneration Act 2023 amended the time limits for taking enforcement action in England. The historic split between four years for operational development and unauthorised change of use to a single dwellinghouse, and 10 years for other changes of use and breaches of condition, has been replaced by a single 10 year period.

The change is not retrospective in effect. Breaches that had already become immune under the previous four year rule before commencement keep that immunity. Breaches occurring after commencement are subject to the 10 year period. That makes the precise date a breach began, and the evidence for it, more important than ever.

For owners, this means a longer window in which a council can act, and a stronger reason to regularise unauthorised works rather than wait them out. Continuous and unbroken use for the full period must still be proved on the balance of probabilities, which usually means documents rather than recollection.

For councils, the change removes a familiar pressure point. Cases that would previously have been lost to the four year rule while investigation continued now remain actionable, which increases the value of an accurate triage framework and a defensible evidence file.

Anyone advising on immunity should now check three things in order: when the breach began, which regime applied at that date, and whether the evidence would satisfy an inspector rather than simply satisfy the client.