(There is an update piece to this article, dated 18th April 2024 – read more here .)
A number of our clients and prospective clients have been asking us for an update on the 4 year rule. When we wrote about , at that point the Levelling Up and Regeneration Bill was under House of Commons Committee debate, including proposals to replace the 4 year rule with a 10 year rule. This would mean that once the Bill was passed, all Certificates of Lawfulness would need to provide 10 years worth of continuous evidence in order to be granted.
Roll on 14 months and whilst the LURB gained Royal Assent on the 26th October 2023 and saw some changes come into immediate effect, we are still waiting on confirmation of timeframes and process in regards to the 4 year rule. To quote the LURA: the other provisions come into force on such day as the Secretary of State may by regulations appoint. (Part 13, Section 255). In essence, the new regulations need to now be brought forward by the Secretary of State, but no schedule has been set for this as yet.
The 4 year rule and beyond
So what can we tell you? Well, apart from the fact that we know that the 4 year rule is indeed on the way out (Part 3, Chapter 5, Section 115), we don’t know when or how this is to be implemented – that is what the secondary legislation will set out and is what we are currently waiting on. And how long might that be, we hear you cry – well… that is anyone’s guess. With a general election brewing we feel it could go either way – take years or be pushed through swiftly.
In the meantime we can only make ‘relatively’ educated guesses. Primarily, that there is still a window of opportunity to benefit from the 4 year rule – but only do so if you believe you have satisfactory evidence and have met the necessary requirements.
We would also anticipate that once the secondary legislation is announced, any live applications would still continue as normal. We also assume that for such an important change, a clear cut off date and strategy for transition should be announced. Certainly transition arrangements have been mooted in the past, but again, any suggestion of if or how this will come to pass has yet to be formalised.
In the meantime we will continue to keep you posted and, provided you feel you have the necessary evidence, then time is probably of the essence whilst there is still a window of opportunity to benefit from the 4 year rule. If you require any advice or guidance on next steps given the current uncertainties, from reviewing evidence, assisting with strategy through to preparation of the certificate pack, contact our team to see how we can best help.
About us
We are Plainview Planning – a solutions orientated, experienced and knowledgeable team of planning consultants. If you need professional and informed planning support with your development project, then contact our team via enquiries@plainview.co.uk, to see how we can best assist you, providing the site address and a brief overview of your project. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.