A visit or letter from a Planning Enforcement Officer can for many people be unexpected and worrying, but it’s important to remember that Council’s generally seek to work with property owners (and in some cases have received a complaint with limited information which requires them to investigate any claims or reports made).
Planning enforcement deals with breaches of planning control—such as building without permission or failing to comply with planning conditions. Each year many of our instructions come from clients who have undertaken work without planning permission. Many (but not all…) did not realise they needed permission for a variety of reasons. So, if you are contacted by an enforcement officer what would we suggest that you do and how does it work?
An officer coming to site should show identification and explain the purpose of their visit. It can be useful to make a note of their name, the council they represent, and any reference number they provide but, in our experience, most Councils tend to write to a land/property owner before a site visit. They are there to investigate a potential issue, not to cause conflict – being cooperative can often help resolve matters more quickly and amicably.
In terms of what prompted the visit/contact- it could be a complaint from a neighbour, an anonymous tip-off, or a routine check. The officer may want to inspect a structure or ongoing works to assess whether there has been a planning breach. In most cases, an officer does not have the automatic right to enter your property without permission, unless they have given 24 hours’ written notice or hold a warrant. You can refuse entry at the time of the visit but be aware that they may return with proper notice or legal authority.
A breach of planning control is not a criminal offence, but ignoring an enforcement notice is…failure to comply with the requirements of a planning enforcement notice, once the compliance period has expired, can lead to prosecution.
It is important to be honest, but you are not required to answer every question on the spot. If you are unsure about something, it is acceptable to check facts or dates and offer to follow up later. Providing false or misleading information can worsen your situation. Make detailed notes of what is discussed, what the officer asks or inspects, and any advice or warnings they give. If they take photographs or measurements, you are within your rights to do the same.
Trying to disguise unauthorised building work or rushing to fix a potential breach could make things worse and, in the case of claiming immunity from enforcement due to the passage of time, is counterproductive as a result of concealment. Wait for the outcome of the council’s investigation and seek advice before taking further action.
If the officer raises concerns or if you receive a formal notice afterward (such as an Enforcement Notice or Planning Contravention Notice (PCN), it is wise to consult a planning consultant. PCNs request information and are legally binding document once complete. A planning consultant can advise on your options, which may include applying for retrospective permission or appealing a notice or even, depending on the timescales, certifying a breach (before any enforcement notices are served).
A visit from an Enforcement Officer does not automatically mean you are in trouble but how you handle the approach and response is important. Many issues can be resolved informally and sensibly. Staying cooperative, knowing your rights, and seeking appropriate advice are the best ways to protect your position and ensure compliance with planning policy/legislation.