The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

Site inspections

21.—(1) Subject to paragraph (2), the Tribunal may inspect—

(a) the land, property or premises which is the subject of the application;

(b) any other land, property or premises inspection of which may assist the Tribunal in determining the application;

(c) the locality of the land, property or premises.

(2) The making of and attendance at an inspection is subject to the Tribunal obtaining all appropriate consents to its request for entry.

(3) The Tribunal must give reasonable written notice of the date and time proposed for the inspection.

(4) The Tribunal may include in its request for entry a request to be accompanied by one or more of—

(a) the parties (and any party’s representative);

(b) in an agricultural land and drainage case, the official expert;

(c) if the Tribunal considers necessary—

(i) any party’s witness;

(ii) one or more members of the Tribunal’s staff;

(d) any other person, if the Tribunal considers it appropriate.

(5) In an agricultural land and drainage case, the condition of consent referred to in paragraph (2) does not apply, but the exercise of the right of entry under this paragraph or paragraph (6) is subject to the Tribunal making a direction requiring the person who is the owner or occupier to permit entry to the land, property or premises.

(6) In an agricultural land and drainage case, the Tribunal may direct any person who owns or occupies any land or premises which are relevant to the proceedings to permit the official expert to enter and inspect the land or premises for the purposes for which the official expert was appointed.

(7) Every direction under paragraph (5) or (6) must, unless the occupier was present when the direction was made, contain a statement that the occupier may apply to the Tribunal to vary or set aside the direction.

(8) Where a direction has been made under paragraph (5) or (6), the occupier of the land, property or premises must be given at least 7 days’ notice of any inspection.

(9) Rule 19 also applies to the report and evidence of the official expert.