Planning enforcement notice explained

What an enforcement notice is

An enforcement notice is issued by a local planning authority when development has been carried out without planning permission or in breach of conditions.¹ The notice requires you to remedy the breach within a specified time (the compliance period).

Enforcement is discretionary. Councils are not required to take action against every breach. They consider whether the breach causes unacceptable harm to amenity or public interest. Minor or technical breaches are often left unenforced.

When councils issue enforcement notices

Councils typically issue enforcement notices when:

• Development causes significant harm (overlooking, loss of privacy, highway safety, flood risk, environmental damage)
• Development breaches local plan policies (inappropriate development in green belt, loss of employment land, harm to conservation areas)
• Attempts to negotiate a remedy have failed
• The breach is deliberate and flagrant (building without permission when permission would clearly be refused)

Before issuing an enforcement notice, councils usually send a warning letter (planning contravention notice or breach of condition notice) inviting you to submit a retrospective planning application or remedy the breach voluntarily.

What an enforcement notice contains

An enforcement notice must specify:²

• The breach of planning control (what unauthorised development has occurred)
• The steps required to remedy the breach (demolish building, stop use, restore land)
• The reasons for issuing the notice (why the breach is unacceptable)
• The compliance period (when you must comply by, usually 1-6 months depending on the steps required)
• The date the notice takes effect (usually 28 days from service, giving time to appeal)

The notice may require complete removal of a building, partial alteration, cessation of a use, or a combination. The steps must be proportionate to the harm caused.

Compliance periods

The compliance period is the time you have to carry out the steps in the notice. Typical compliance periods are:

• Stop using land/building: 1-3 months
• Remove temporary structure or restore land: 3 months
• Demolish permanent building: 6 months
• Alter building to comply: 3-6 months

The compliance period must be reasonable. If the period is too short, you can appeal on the ground that it is unreasonable. The Planning Inspectorate can extend the period on appeal.

Right of appeal

You have a right to appeal an enforcement notice to the Planning Inspectorate within 28 days of the notice being served.³ Lodging an appeal suspends the notice. It does not take effect until the appeal is decided.

Grounds of appeal include:

• Planning permission should be granted for the development (ground (a))
• The development is lawful (immune from enforcement or permitted development)
• The breach has not occurred as alleged
• The steps required are excessive
• The compliance period is too short
• The notice was not properly served

Ground (a) appeals are treated as retrospective planning applications. The Inspector assesses whether planning permission should be granted. If granted, the notice is quashed. If refused, the notice is upheld and you must comply.

Penalties for non-compliance

Failing to comply with an enforcement notice is a criminal offence.⁴ On conviction in a magistrates' court, you face a fine of up to £20,000. On conviction in the Crown Court, the fine is unlimited.

The council can also take direct action (enter your land, demolish buildings, or stop the use) and recover the costs from you. Costs can be registered as a charge on the property.

Continuing to breach the notice after conviction results in further fines for each day the breach continues. Deliberate and repeated breaches can result in imprisonment for contempt of court if the council obtains an injunction.

Time limits for enforcement

Councils have limited time to issue enforcement notices:⁵

• Building operations: 4 years from substantial completion (see our 4-year rule guide)
• Change of use to residential: 4 years from the change
• Other changes of use: 10 years from the change (see our certificate of lawfulness guide)
• Breach of condition: No time limit

If the time limit has expired, the breach is immune from enforcement. The council cannot issue an enforcement notice. You can apply for a lawful development certificate to confirm immunity.

Options when served with a notice

If you receive an enforcement notice, you have four options:

• Comply: Carry out the steps required within the compliance period
• Appeal: Lodge an appeal within 28 days (suspends the notice)
• Apply for planning permission: Submit a retrospective application (does not suspend the notice, but councils often pause enforcement pending the application)
• Negotiate: Discuss amendments to the notice or alternative remedies with the council (no guarantee they will agree)

Ignoring the notice is not an option. Non-compliance results in prosecution and potentially forced remediation at your expense.