The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

Modification of section 173 (contents and effect of notice)

8.  Section 173 applies as if—

(a) for subsection (1) there were substituted—

“(1) Subject to subsection (10), an enforcement notice must state the matters which appear to the local planning authority to constitute the breach of planning control.”;

(b) in subsection (2), for “subsection (1)(a)” substitute “subsection (1)”;

(c) for subsection (4), there were substituted—

“(4) Those purposes are—

(a) ensuring compliance with the prohibition;

(b) remedying any injury to amenity which has been caused by the breach.”;

(d) for subsection (10) there were substituted—

“(10) An enforcement notice must—

(a) specify the precise boundaries of the land to which the notice relates, whether by reference to a plan or otherwise;

(b) contain a list of the names and addresses of the persons on whom a copy of the enforcement notice has been served;

(c) be accompanied by an explanatory note providing information relating to—

(i) any relevant right of appeal;

(ii) the grounds on which an appeal may be brought under this Part.”.