statue of limitations for enforcement notice

[Designjet]

Q. an enforcement notice was sent in 2010 regarding a shed and an unauthorised use. The shed was built in 2005 and turned into a flat in 2007. A solicitors letter was sent and a response issued. Nothing has been heard since 2011.

I was told by a Meath planner that the offending structure has been in place for over 7 years and is now statute barred from enforcement proceedings and prosecution and unlikely that the council will follow it up. (a case in Meath went on for years and ended up statute barred)

What are the timescales for the county council in such matters, is it open ended??

Thanks.

 

[Leo]

See the Guide to Planning Enforcement here. Looks like enforcement notices are valid for 10 years from the date of serving. The 7 year period means they can't issue new proceedings.

Regardless of enforcement, if you manage to outlast the notice periods, that sill doesn't mean you effectively have permission. You will run into issues if you ever go to sell or seek permission for other development.

 

[kceire]

Some things have longer periods such as use of the structure and planning conditions.

Better to regularise it in the short term to avoid long term stress and hassle.

 

[Designjet]

Q. what happens after an enforcement notice has expired after 10 years since it was issued?