Planning Act 2008

53 Rights of entry E+W+S

(1) [F1 An authorised person] may at any reasonable time enter any land for the purpose of surveying and taking levels of it[F2 , or in order to facilitate compliance with the provisions mentioned in subsection (1A),] in connection with—

(a) an application for an order granting development consent, whether in relation to that or any other land, that has been accepted by the [F3 Secretary of State],

(b) a proposed application for an order granting development consent, or

(c) an order granting development consent that includes provision authorising the compulsory acquisition of that land or of an interest in it or right over it.

[F4 (1A) Those provisions are any provision of or made under an Act for the purpose of implementing—

(a) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended from time to time,

(b) Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended from time to time, or

(c) any EU instrument from time to time replacing all or any part of either of those Directives.]

[F5 (1B) In subsection (1) “authorised person” means a person who is authorised in writing to exercise the power in that subsection on behalf of—

(a) a person who has made an application for an order granting development consent that has been accepted by the Secretary of State,

(b) a person who proposes to make an application for an order granting development consent, or

(c) a person who has been granted the benefit of an order granting development consent of a kind specified in subsection (1)(c).]

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to subsections (9) and (10), power conferred by subsection (1) to survey land includes power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it.

[F7 (3A) Power conferred by subsection (1) for the purpose of complying with the provisions mentioned in subsection (1A) includes power to take, and process, samples of or from any of the following found on, in or over the land—

(a) water,

(b) air,

(c) soil or rock,

(d) its flora,

(e) bodily excretions, or dead bodies, of non-human creatures, or

(f) any non-living thing present as a result of human action.]

(4) A person [F8 acting in the exercise of a power of entry onto any land conferred under subsection (1)]—

(a) must, if so required, produce evidence of the person's authority, and state the purpose of the person's entry, before so entering, [F9 and]

(b) may not demand admission as of right to [F10 the land] unless 14 days' notice of the intended entry has been given to [F11 every owner or occupier of the land], F12 ...

F13 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (4A) Notice given in accordance with subsection (4)(b) must include prescribed information.

(4B) A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred under subsection (1) if satisfied—

(a) that another person has prevented or is likely to prevent the exercise of that power, and

(b) that it is reasonable to use force in the exercise of that power.

(4C) The force that may be authorised by a warrant is limited to that which is reasonably necessary.

(4D) A warrant authorising the person to use force must specify the number of occasions on which the person can rely on the warrant when entering land.

(4E) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry is required.

(4F) Any evidence in proceedings for a warrant must be given on oath.]

(5) A person commits an offence if the person wilfully obstructs a person acting in the exercise of power under subsection (1).

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Where any damage is caused to land or chattels—

(a) in the exercise of a right of entry conferred under subsection (1), or

(b) in the making of any survey for the purpose of which any such right of entry has been conferred,

compensation may be recovered by any person suffering the damage from the person exercising the right of entry.

(8) Any question of disputed compensation under subsection (7) must be referred to and determined by the [F15 Upper Tribunal].

[F16 (8A) Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (8) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.]

(9) No person may carry out under subsection (1) any works authorised by virtue of subsection (3) unless notice of the person's intention to do so was included in the notice required by subsection (4)(b).

(10) The authority of the appropriate Minister is required for the carrying out under subsection (1) of works authorised by virtue of subsection (3) if—

(a) the land in question is held by statutory undertakers, and

(b) they object to the proposed works on the ground that execution of the works would be seriously detrimental to the carrying-on of their undertaking.

(11) In subsection (10)—

• “the appropriate Minister” means—

  (a)

  in the case of land in Wales held by water or sewerage undertakers, the Welsh Ministers, and

  (b)

  in any other case, the Secretary of State;

• “statutory undertakers” means persons who are, or who are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990.

Textual Amendments

F1 Words in s. 53(1) substituted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 11(2), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F2 Words in s. 53(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F3 Words in s. 53(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 12(2); S.I. 2012/628, art. 7(a)

F4 S. 53(1A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F5 S. 53(1B) inserted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 11(3), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F6 S. 53(2) omitted (24.7.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 11(4), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F7 S. 53(3A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F8 Words in s. 53(4) substituted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 11(5)(a), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F9 Word in s. 53(4)(a) inserted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 11(5)(b), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F10 Words in s. 53(4)(b) substituted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 11(5)(c)(i), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F11 Words in s. 53(4)(b) substituted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 11(5)(c)(ii), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F12 Word in s. 53(4)(b) omitted (24.7.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 11(5)(d), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F13 S. 53(4)(c) omitted (24.7.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 11(5)(e), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F14 S. 53(4A)-(4F) inserted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 11(6), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

F15 Words in s. 53(8) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 292 (with Sch. 5)

F16 S. 53(8A) inserted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 11(7), 118(1)(e) (with s. 116); S.I. 2026/641, reg. 3(g)

Commencement Information

I1 S. 53 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)