Owning property comes with its set of challenges, and one of the more serious issues you might face is receiving an enforcement notice. These notices are legal documents issued by local authorities to address breaches of planning control or other regulatory concerns. If your property is subject to an enforcement notice, it’s crucial to act quickly and appropriately. Here’s a guide on what steps you should take.
Understanding Enforcement Notices
Firstly, it’s crucial to understand what an enforcement notice is. Enforcement notices are issued by local planning authorities when they believe that there has been a breach of planning control. This could include unauthorised building work, changes in the use of land or other violations of planning regulations.
Steps to Take When You Receive an Enforcement Notice
1. Read the Notice Carefully
As soon as you receive an enforcement notice, read through it meticulously. The notice will outline what has been done incorrectly and what needs to be rectified. It will also provide a timeline for compliance and the potential penalties for failing to address the issue.
2. Seek Professional Advice
Enforcement notices can be complex and may involve significant legal and financial implications. It’s advisable to seek professional advice from a planning consultant, solicitor or another expert in property law. They can provide a thorough assessment of the notice and guide you on the best course of action.
3. Assess Your Options
– Comply with the Notice: The quickest and often easiest option is to comply with the requirements stated in the notice. This might involve stopping an unauthorised use, making necessary modifications or demolishing unlawful structures.
– Apply for Retrospective Planning Permission: In cases where the breach relates to a structure or usage that might be permissible under different circumstances, you may apply for retrospective planning permission. This is a way of seeking approval for what has already been done, but it’s not guaranteed to be successful.
– Appeal the Notice: If you believe the notice has been issued unfairly or there are valid grounds for contesting it, you can appeal. The notice will provide details on how to make an appeal, including the deadline for doing so. It’s essential to gather all relevant documentation and evidence to support your appeal.
4. Respond in a Timely Manner
The enforcement notice will specify a deadline for compliance or for making an appeal. Failing to respond within this timeframe can result in further action from the local authority, including potentially hefty fines or even prosecution.
5. Keep a Record
Maintain thorough records of all communications, plans, and actions taken in response to the enforcement notice. This documentation can be valuable in case of further disputes or if the matter escalates to legal proceedings.
6. Communicate with the Local Authority
Open lines of communication with the local authority can be beneficial. Inform them of the steps you are taking to comply with the notice or provide updates on your appeal process. This can sometimes lead to more flexible outcomes or additional time for compliance.
7. Implement Changes
Once you have determined the best course of action and received the necessary permissions, implement the required changes promptly. Delays can lead to more severe consequences, and demonstrating your willingness to comply can sometimes soften the stance of the local authority.
Conclusion
Receiving an enforcement notice can be a stressful and daunting experience, but it’s important to remember that taking immediate and informed action is crucial. By understanding the notice, seeking professional advice, assessing your options and responding promptly, you can navigate this challenging situation more effectively.
Compliance and cooperation are often the best strategies, but remember, you have the right to appeal and seek solutions that are fair and reasonable. Don’t let an enforcement notice jeopardise your property investment; act now, and keep your property in good standing.
This blog was prepared by Alexander JLO’s property partner Matt Johnson on the 15th January 2025 and is correct at the date of publication. Matt has many years of experience of dealing with property work and specialises in new build and shared ownership properties. His profile on the independent Review Solicitor website and be found Here