Part VII

Enforcement

Rights of entry for enforcement purposes

Rights to enter without warrant.
196A
1
Any person duly authorised in writing by a local planning authority may at any reasonable hour enter any land—
a
to ascertain whether there is or has been any breach of planning control on the land or any other land;
b
to determine whether any of the powers conferred on a local planning authority by this Part should be exercised in relation to the land or any other land;
c
to determine how any such power should be exercised in relation to the land or any other land;
d
to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the land or any other land,
if there are reasonable grounds for entering for the purpose in question.
2
Any person duly authorised in writing by the Secretary of State may at any reasonable hour enter any land to determine whether an enforcement notice should be issued in relation to the land or any other land, if there are reasonable grounds for entering for that purpose.
3
The Secretary of State shall not so authorise any person without consulting the local planning authority.
4
Admission to any building used as a dwellinghouse shall not be demanded as of right by virtue of subsection (1) or (2) unless twenty-four hours’ notice of the intended entry has been given to the occupier of the building.
Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11
Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Ss. 196A - 196C inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 11(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)
S. 196A: ss. 196A - 196C inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 11(1) (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5)
S. 196A: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 196A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
Pt. 7 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
Pt. 7 applied (with modifications) (4.7.2023) by The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (S.I. 2023/753), regs. 1(1), 41, Sch. (as amended (E.) (25.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (S.I. 2024/453), regs. 1(2), 4(2))