Immunity from Enforcement Action

What does 'immunity' from enforcement action mean?

There are some situations where breaches of planning control are immune from enforcement action. We do not have the power to take enforcement action against an allegded offence when:

  • An unauthorised building or operational development has been substantially completed for four years or more;
  • An unauthorised change of use from a building to a dwelling-house has been in place for four years or more;
  • An unauthorised change of use to a building or piece of land was made ten years ago or more.
  • Conditions of a planning permission were breached ten years ago or more.

If the owners of land or property think that a breach of planning has become immune from enforcement action, they can apply for a Certificate of Lawful Use (CLU). This is a legal document that confirms the use, operation or activity on the site as long as no further changes are made.

Please contact the Enforcement Team for more information about these certificates.