New Council Planning Enforcement Powers: What London Landlords Need to Know

Introduction: A Step Change in Council Planning Enforcement

From 25 April 2024, local authorities across England, including London borough councils, will have enhanced powers to enforce planning regulations under the Levelling-up and Regeneration Act. These new measures aim to tackle unauthorised developments and poor construction practices more effectively by extending enforcement periods, removing fines caps, and strengthening stop notices and appeal processes.

For private landlords, especially those involved in new developments, conversions, or managing properties that may be affected by planning breaches, these changes represent a significant shift in regulatory risk and operational oversight.

What Has Changed?

Key enhancements include:

• Longer Enforcement Periods: Councils can now investigate and act on planning breaches over extended timescales, reducing the chance that issues escape scrutiny due to time limits.

• Unlimited Fines: The previous financial penalties capped at certain levels are removed, allowing councils to impose unlimited fines for non-compliance, increasing financial risk for breaches.

• Extended Stop Notices: Councils can issue stop notices for longer durations, halting unauthorised construction or use more decisively.

• Strengthened Appeal Procedures: The process for appealing enforcement actions has been adjusted, potentially making it harder and longer for developers or landlords to contest council decisions.

These powers are designed to ensure developments proceed according to approved plans and to prevent the proliferation of substandard or unauthorised properties entering the rental market.

Why This Matters to Landlords

Whether you own a single property, an HMO, or a portfolio including developments or conversions, these changes directly affect your compliance obligations and risk exposure.

• Compliance is Non-Negotiable: Developers and landlords must strictly adhere to planning permissions. Even minor deviations risk enforcement actions and unlimited fines.

• Build-Out Speed Monitored: Councils can consider slow build-out rates when granting future permissions. Delays in construction or conversion can affect not just current projects but also prospects for expansion.

• Impact on Lettings and Property Management: Councils are likely to be more vigilant about properties in poor condition or those with unauthorised changes. This vigilance can lead to increased inspections and enforcement actions impacting tenancy agreements and management workflows.

Practical Implications by Landlord Profile

• Single-Unit Landlords: If your property is part of a recent development or conversion, verify that all works comply with planning permissions. Even if not directly involved in development, unauthorised alterations could lead to enforcement.

• HMO Operators: Given the higher scrutiny on HMOs, ensure any planning consents specific to HMOs are current and fully complied with. Retrospective regularisation is riskier under the new regime.

• Portfolio Landlords and Developers: Regularly audit all projects against planning permissions. Proactively engage with councils to demonstrate compliance and pre-empt enforcement.

• Accidental Landlords: Those who have inherited or rented out properties without active development should still be alert to any unauthorised works or changes made by previous owners.

Recommended Next Steps

1. Conduct a Compliance Review: Immediately review all ongoing and planned development or refurbishment projects against their planning permissions. Engage your planning consultant or legal advisor for a detailed audit.

2. Engage with Local Councils: Establish or strengthen communication channels with your local planning authority. Understand their local enforcement priorities and any recent activity trends.

3. Inform Tenants and Stakeholders: Where construction or enforcement actions might impact tenants (delays, noise, temporary loss of amenities), communicate proactively to manage expectations.

4. Update Operational Protocols: Train your property management teams and letting agents on the new enforcement powers to ensure vigilance and prompt reporting of any suspected breaches.

5. Monitor Official Guidance: Regularly check updates to the National Planning Policy Framework and your local council’s enforcement guidance to stay aligned with evolving regulations.

How Rentals & Sales Can Support You

Navigating these changes can be complex. Rentals & Sales offers tailored services including:

• Portfolio compliance audits to identify planning risks.
• Strategic advice on development and refurbishment projects.
• Pricing strategy reviews considering potential delays or enforcement impacts.
• Liaison support with local councils to facilitate smoother planning interactions.

Contact us to schedule a consultation and safeguard your investments against escalating enforcement risks.

Compliance Disclaimer: This article provides general guidance and should not be considered legal advice. Landlords should consult qualified planning or legal professionals for specific matters.