Planning (Wales) Act 2026

Prospective

116 Powers to enter land for enforcement purposes E+W

(1) A person authorised in writing by a planning authority may enter any land to—

(a) assess whether there is or has been a breach of planning control on that land or any other land;

(b) determine whether the authority should exercise any of its powers under this Part;

(c) determine how any of those powers should be exercised;

(d) assess whether there has been compliance with a requirement imposed as a result of any of those powers being exercised.

(2) A person authorised in writing by the Welsh Ministers may enter any land to determine whether an enforcement notice or stop notice should be issued.

(3) The Welsh Ministers must not authorise a person to enter land without consulting the planning authority in whose area the land to which the enforcement notice or stop notice would relate is situated.

(4) A power to enter land under this section may be exercised only—

(a) at a reasonable time, and

(b) if there are reasonable grounds for entering the land for the purpose in question.

(5) A person authorised to enter land under this section may not demand admission as of right to a building used as a dwelling unless at least 24 hours’ notice of the intended entry has been given to every occupier of the building.

(6) A person authorised to enter land under this section—

(a) must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land,

(b) may take on to the land any other persons that are necessary, and

(c) must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

Commencement Information

I1 S. 116 not in force at Royal Assent, see s. 409(2)