Enforcement notice
An enforcement notice is a legal document that can be issued when there has been a breach of planning control. Such a breach is defined in the Town and Country Planning Act 1990 as development carried out without the proper planning permission, or failure to comply with a condition or limitation on permitted development rights.
A planning authority may issue an enforcement notice when it is satisfied that there has been a breach. The notice should detail the following:
- What the breach is.
- The remedies that are required or the activities that must cease.
- How to appeal against the notice.
The issuing of an enforcement notice is followed by a period for compliance during which the recipient must either comply with the notice or lodge an appeal.
It is an offence not to comply with a notice once the compliance period has expired. Where a conviction for failure to comply with a notice is successful, planning authorities can apply for Confiscation Orders to recover any financial benefit obtained through the development which was unauthorised.
The authority also has the power to enter land to carry out the notice requirements themselves if other steps have proven unsuccessful in getting the land owner or occupier to carry out the notice requirements. It is an offence to obstruct anyone exercising such powers.
NB An enforcement notice may also be issued by the local building control department if a development fails to comply with the building regulations, requiring rectification of the works.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.
EBSSA support for the new industry competence structure
The Engineering and Building Services Skills Authority, in working group 2.
Notes from BSRIA Sustainable Futures briefing
From carbon down to the all important customer: Redefining Retrofit for Net Zero Living.
Principal Designer: A New Opportunity for Architects
ACA has launches a Principal Designer Register for architects.
A new government plan for housing and nature recovery
Exploring a new housing and infrastructure nature recovery framework.
Leveraging technology to enhance prospects for students
A case study on the significance of the Autodesk Revit certification.
Fundamental Review of Building Regulations Guidance
Announced during commons debate on the Grenfell Inquiry Phase 2 report.
CIAT responds to the updated National Planning Policy Framework
With key changes in the revised NPPF outlined.
Councils and communities highlighted for delivery of common-sense housing in planning overhaul
As government follows up with mandatory housing targets.
CIOB photographic competition final images revealed
Art of Building produces stunning images for another year.
HSE prosecutes company for putting workers at risk
Roofing company fined and its director sentenced.
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Major overhaul of planning committees proposed by government
Planning decisions set to be fast-tracked to tackle the housing crisis.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.