On this page 17 sections
- 01The escalation ladder: what each step is
- 02If you get a planning contravention notice
- 03If you get an enforcement warning notice
- 04If you get an enforcement notice
- 05Stop notices and temporary stop notices: should you keep building?
- 06Breach of condition notices
- 07What happens if you ignore an enforcement notice
- 08Why councils don't always act
- 09Started building, then realised you need permission?
- 10Will it show on searches when you sell?
- 11Reporting a planning breach
- 12Time limits for enforcement
- 13Wales, Scotland and Northern Ireland
- 14Key takeaways
- 15Frequently Asked Questions
- 16Related guides
- 17Browse Planning by Region
If you have received a letter or notice from a council's planning enforcement team, work out which kind it is first, because the deadline differs. A planning contravention notice must be answered within 21 days. An enforcement warning notice gives you a stated period to apply for permission. An enforcement notice must be appealed so that the appeal is received before the date it takes effect, which is at least 28 days after it was served. Ignoring an enforcement notice is a criminal offence with an unlimited fine. This guide covers England, as at October 2026.
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The escalation ladder: what each step is
Councils have discretion over whether and how to act. They "have discretion to take enforcement action, when they regard it as expedient" and "should act in a proportionate way" (PPG Enforcement 17b-003). A typical sequence, from least to most serious:
| Step | What it is | Appeal? | Deadline or duration | Law |
|---|---|---|---|---|
| 1 | Complaint, site visit or informal letter | n/a | None set by statute | PPG 17b-003 |
| 2 | Planning contravention notice (PCN): an information request | No | Reply within 21 days | s171C, s171D |
| 3 | Enforcement warning notice (EWN): apply for permission or face further action | No | The period stated in the notice | s172ZA |
| 4 | Enforcement notice (EN): requires the breach to be remedied | Yes, to the Planning Inspectorate | Appeal received before the effective date (at least 28 days after service) | s172, s174 |
| 5 | Breach of condition notice (BCN): for breaches of conditions | No (judicial review only) | Compliance period at least 28 days | s187A |
| 6 | Temporary stop notice or stop notice | No (judicial review only) | TSN immediate, up to 56 days; stop notice at least 3 days after service | s171E, ss183–184 |
| 7 | Prosecution, direct action or injunction | n/a | Prosecution and direct action: after the compliance period. Injunction: at any time, including for an apprehended breach (s187B(1)) | s179, s178, s187B |
A council does not have to follow the order. A stop notice, for example, can only be served together with or after an enforcement notice (s183(1)).
If you get a planning contravention notice
A PCN can be served when it appears there "may have been" a breach of planning control. It can require you to say what operations or uses are on the land, when they began, who is involved, and what permission you rely on (s171C). The council can also invite you to attend a meeting to make any offer to apply for permission or to carry out remedial works (s171C(4)).
- Reply in writing within 21 days. If you have not complied "at any time after the end of the period of twenty-one days beginning with the day" the notice was served, you commit an offence, with a defence of "reasonable excuse". The fine is up to level 3 on the standard scale (s171D(1), (3), (4)).
- Do not give false information. A statement you know to be false or misleading in a material particular, or recklessly make, is a separate offence, with a fine up to level 5 (s171D(5)–(6)). Level 5 offences committed since 12 March 2015 carry a fine of any amount (Legal Aid, Sentencing and Punishment of Offenders Act 2012 s85).
- It is not an enforcement notice. A PCN does not appear in the council's register of enforcement notices and "is not a legal charge on the land", and it cannot be used for suspected listed-building breaches (PPG 17b-015b). It is a fact-finding step, and the PPG says it should not be used "to undertake an investigative trawl".
If you get an enforcement warning notice
Since 25 April 2024 an English council can issue an EWN where there is a breach and "a reasonable prospect that, if an application for planning permission … were made, planning permission would be granted". It must state the matters said to be a breach and that "unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken" (s172ZA).
- There is no right of appeal against an EWN (PPG 17b-013d). The response is an application, normally a retrospective planning application.
- It counts as enforcement action (s171A(2)(za)). If it is issued within the time limit, the council can take further enforcement action on the same breach within 4 years of it, even after the normal limit has passed (s171B(4)(b); see planning enforcement time limits).
- If you do not apply, the council "may decide to take further enforcement action" (PPG 17b-013e). An EWN is also entered on the public register (s188).
If you get an enforcement notice
An enforcement notice is the council's formal demand. It must state what the council thinks the breach is and the steps required to remedy it, the date it takes effect, and the period for compliance (s173). It may require, for example, "the alteration or removal of any buildings or works" (s173(5)).
Two different periods, which are often confused. You may read "you have 28 days to comply". That is not what the Act says.
- The notice must be served "not less than twenty-eight days before the date specified in it as the date on which it is to take effect" (s172(3)). That is the effective date.
- The notice separately specifies the period for compliance, the period at the end of which the steps must have been taken (s173(9)). Compliance periods vary from notice to notice.
The appeal deadline. An appeal is made by giving written notice to the Secretary of State "before the date specified in the enforcement notice as the date on which it is to take effect", or by sending it so that it would in the ordinary course be delivered before that date (s174(3)). The Planning Inspectorate guidance says the same: "An appeal must be received before the enforcement notice comes into effect" (PPG Appeals). It is therefore the date written on the notice that matters. Do not leave it to the last post.
An appeal suspends the notice. Where an appeal is brought, the notice is "of no effect pending the final determination or the withdrawal of the appeal" (s175(4)).
The grounds of appeal are in s174(2):
| Ground | What you argue |
|---|---|
| (a) | Planning permission ought to be granted (or the condition discharged) |
| (b) | The matters alleged have not occurred |
| (c) | They do not amount to a breach of planning control |
| (d) | At the date the notice was issued, it was too late to take enforcement action |
| (e) | The notice was not served as required |
| (f) | The steps required exceed what is necessary to remedy the breach |
| (g) | The compliance period is too short |
You cannot always argue ground (a). If you appeal on ground (a), you are treated as having applied for planning permission and any fee payable under the fees regulations for the deemed application is due (s177(5)–(5A)). In England you cannot appeal on ground (a) if the notice "was issued at a time after the making of an application for planning permission that was related to the enforcement notice" (s174(2A)), unless the application has ceased to be under consideration and the notice was issued more than two years after that point (s174(2AB)). The PPG puts it plainly: a person has "only one opportunity to obtain planning permission after the event", either by a retrospective application or by a ground (a) appeal (PPG 17b-013). This rule applies to notices issued on or after 25 April 2024; for earlier notices the test was whether the notice was issued within the time allowed to decide the application (PPG 17b-013; the restriction was inserted by LURA 2023 s118). If an enforcement notice is issued before you apply, the council can decline to determine your retrospective application (PPG 17b-013, citing s70C).
How long does an enforcement appeal take? The Planning Inspectorate's release of 30 July 2026 gives a median decision time for enforcement decisions in June 2026 of 63 weeks, and 67 weeks over the previous 12 months (Planning Inspectorate statistical release, 30 July 2026). That category covers enforcement appeals, listed building enforcement notice appeals and lawful development certificate appeals, so it is a guide rather than a forecast for one appeal type. The Secretary of State can dismiss an appeal where the appellant is responsible for "undue delay" in its progress (TCPA s176(6), inserted by LURA 2023 s119).
Costs. Parties in planning appeals "normally meet their own expenses". A costs award is possible where a party has behaved unreasonably and caused another party unnecessary or wasted expense (PPG Appeals, award of costs).
Stop notices and temporary stop notices: should you keep building?
A temporary stop notice (TSN) can be issued where the council thinks there has been a breach and it is expedient that the activity "is stopped immediately". It takes effect when a copy is first displayed on the land and, in England, ceases after 56 days at the latest (s171E). It has no appeal; it can only be challenged by judicial review (PPG 17b-044). It cannot stop use of a building as a dwellinghouse (PPG 17b-039). Contravening one is an offence with an unlimited fine (PPG 17b-043).
A stop notice is different:
- It can only be served with or after an enforcement notice, and not once the enforcement notice has taken effect (s183(1), (3)).
- It "must not be earlier than three days after the date when the notice is served" unless the council states special reasons, and not later than 28 days (s184(3)). You may read that a stop notice stops work "immediately". That describes a temporary stop notice, not a stop notice.
- It cannot prohibit use of a building as a dwellinghouse (s183(4)).
- There is no right of appeal to the Secretary of State (PPG 17b-035).
Should you keep building if you have only had a letter? Continuing is at your own risk. A TSN can stop you at once, and an enforcement notice can require buildings or works to be altered or removed (s173(5)), so what you build in the meantime may have to come down.
Breach of condition notices
If planning permission was granted with conditions and one is not met, the council can serve a breach of condition notice on the person carrying out the development or the person in control of the land (s187A(2)).
- Compliance period. The period allowed is "not less than twenty-eight days beginning with the date of service" (s187A(7)).
- No appeal. "There is no right of appeal to the Secretary of State against a breach of condition notice." It can be challenged by judicial review (PPG 17b-049). If the condition itself is the problem, an application under section 73 or to discharge conditions may be the real route.
- Penalty. Not complying is an offence. In England the fine on summary conviction is unlimited (s187A(12), as amended by LURA 2023 s120). There is a defence if you "took all reasonable measures to secure compliance" (s187A(11)).
What happens if you ignore an enforcement notice
- Prosecution. After the compliance period, the owner of the land commits an offence if any step required has not been taken or any activity required to cease is continuing (s179(1)–(2)). The liability falls on whoever is "then the owner", so it passes to a buyer. Another person with control of or an interest in the land commits an offence if they carry on or permit a prohibited activity (s179(4)–(5)). The defence is that you "did everything [you] could be expected to do to secure compliance" (s179(3)). It can be charged by reference to any day or longer period, and repeated after a conviction (s179(6)).
- Unlimited fine. The fine is "a fine", on summary conviction or on indictment, and the court "shall in particular have regard to any financial benefit which has accrued or appears likely to accrue" (s179(8)–(9)). The words on summary conviction were changed from a fixed maximum to "a fine" on 12 March 2015 by SI 2015/664 (see the amendment note on s179). The "£20,000" figure is out of date.
- Confiscation. After a conviction, the council can apply for a confiscation order under the Proceeds of Crime Act 2002 to recover the financial benefit (PPG 17b-022). In R v Del Basso [2010] EWCA Crim 1119 the Court of Appeal dismissed appeals against confiscation after convictions for failing to comply with an enforcement notice. The judge had found a benefit of £1,881,221.19 and made an order for £760,000.
- Direct action. The council can "enter the land and take the steps" and "recover from the person who is then the owner of the land any expenses reasonably incurred" (s178(1)). Those expenses are, until recovered, a charge "binding on successive owners of the land" (Town and Country Planning General Regulations 1992 reg 14(2)).
- Injunction. The council can apply to the High Court or county court (s187B). The PPG says this should "generally" be a last resort (PPG 17b-050). Breaching an injunction can lead to committal for contempt.
Why councils don't always act
The power to issue an enforcement notice is discretionary: the council must think it "expedient" having regard to the development plan and other material considerations (s172(1)). The national policy says that, in deciding, councils should take account of their local enforcement plan, the impact of the breach, and "the extent to which the breach would otherwise be acceptable" (NPPF 2026, policy DM8(1)). The PPG adds that human rights, including the impact on health, housing needs and welfare of those affected, are relevant (PPG 17b-003). Time limits also apply: see planning enforcement time limits.
Started building, then realised you need permission?
- Stop and get advice. A temporary stop notice does not have to wait for an enforcement notice and takes effect at once (PPG 17b-038), and building further adds to what may have to be removed.
- Consider what is actually needed. Some work is permitted development, and a certificate of lawfulness for proposed work can confirm that (TCPA s192; see lawful development certificates). A redesign within permitted development may be quicker than an application.
- If permission is needed, apply. Section 73A allows planning permission for development already carried out, and it may take effect from the date the work was done (s73A). Retrospective applications are fee-paying like any other (PPG Fees 22-003). See retrospective planning permission.
- Know how it will be judged. Under the 2026 NPPF, if the evidence shows the unauthorised development was intentional, "that fact should be given substantial weight" in deciding whether to grant permission (DM8(2)). That applies on a retrospective application and on a ground (a) appeal.
- Building regulations are separate and have their own 10-year limit (Building Act 1984 s36).
Will it show on searches when you sell?
- The public register. Councils must keep a register of enforcement warning notices, enforcement notices, stop notices, breach of condition notices and planning enforcement orders for land in their area, open to public inspection (TCPA s188).
- A PCN is not on that register, but the standard local authority search asks about it. CON29 (2016) question 3.9 asks whether any of the following "subsist in relation to the property", or whether the council "has decided to issue, serve, make or commence" them: an enforcement notice, stop notice, listed building enforcement notice, breach of condition notice, planning contravention notice, and any other notice relating to breach of planning control (CON29 question 3.9, as reproduced by a council). Question 3.8 asks only whether the council has "authorised" proceedings for contravention of building regulations (CON29 question 3.8, as reproduced by a council).
- Complaints and investigations are not on that list. An informal complaint or a council investigation does not appear in the answer to question 3.9.
- The seller's form is different. The Law Society's TA6 property information form has a disputes section, and the Law Society's explanatory notes say buyers "will want to know about any disputes between neighbours, owners or managers of nearby property", past or current, and that sellers should tell buyers of any notices they are aware of in questions 4.1 to 4.3, including notices about works near the property (TA6 (6th edition) explanatory notes, sections 3 and 4). A complaint you made to the council about a neighbour's work is therefore likely to be something to mention to your solicitor when you sell, even though it will not appear in the council's search answer. Keep a record of it. The 6th edition has been mandatory for Conveyancing Quality Scheme firms on new instructions since 30 March 2026 (Law Society).
If you are buying, see our guide to buying near a planning application.
Reporting a planning breach
Step 1: gather evidence. Note what was built or changed, when, the address, and take dated photographs.
Step 2: contact the council's planning enforcement team, usually through an online form. Check whether your council accepts anonymous reports: a council's local enforcement plan "sets out the priorities for enforcement action" and gives "greater transparency" about how it decides whether to act (PPG 17b-006).
Step 3: expect an assessment. The council decides whether there is a breach and whether action is expedient, and may try to resolve it informally first. A report does not oblige the council to serve a notice. For what to do if a neighbour is building, see our guide on what to do if a neighbour builds without permission.
Time limits for enforcement
The limits depend on the type of breach and, in England, on whether the work was substantially completed or the change of use to a single home occurred before or after 25 April 2024. For the table, the worked dates and the exceptions, see planning enforcement time limits: the 4-year rule explained. In short, it is now 10 years in England for most breaches (TCPA s171B), with the 4-year limit surviving for older work. Listed building works have no time limit; see listed building consent.
Wales, Scotland and Northern Ireland
Everything above is England. The differences that matter for a notice:
| Wales | Scotland | Northern Ireland | |
|---|---|---|---|
| Law | TCPA 1990 as it applies in Wales | TCP(S)A 1997 Part VI | Planning Act (NI) 2011 |
| Time limit for building work and new single dwelling | 4 years (s171B) | 4 years (s124) | 5 years for every breach (s132) |
| Temporary stop notice length | 28 days (s171E(8)(b)) | not covered here | not covered here |
| Breach of condition notice fine | Level 3 (s187A(12)(b)) | not covered here | not covered here |
| Enforcement notice appeal | Same s174 route, with different ground (a) limits for Wales (s174(2D)–(2E)) | Appeal before the effective date; ground (a) was repealed in 2009 (s130); decided by the DPEA | Appeal to the Planning Appeals Commission before the effective date (s143) |
| Not complying with an enforcement notice | Same offence | Offence (s136) | Offence (s147) |
Wales is moving to the Planning (Wales) Act 2026; the existing law applies until it is commenced, which the Welsh Government expects around October 2027 (Welsh Government).
Key takeaways
- Identify the document. A PCN is 21 days; an enforcement notice is "appeal before the effective date"; a stop notice is not immediate.
- The effective date is the deadline for an appeal. The compliance period is separate.
- You get one go at permission after the event. A retrospective application and a ground (a) appeal are alternatives, not both.
- Ignoring a notice is costly. The fine is unlimited, the court looks at your financial gain, and the council can do the work and charge the land.
- Searches show formal notices, not complaints, but the seller's TA6 asks about disputes and notices nearby, so keep a record of any complaint you make.
Related guides
- Planning enforcement time limits: the 4-year rule explained
- Retrospective planning permission
- Lawful development certificate: cost and how to apply
- Log cabin built without planning permission
- Planning permission for listed buildings
- Discharge of planning conditions
- Non-material amendments
- How to find approved planning drawings
- How to appeal a planning decision
This guide is for general information only and does not constitute legal advice. Planning law is complex and varies by situation. For advice specific to your circumstances, consult a qualified planning consultant or solicitor.
Browse Planning by Region
Enforcement priorities differ between councils, and each council's local enforcement plan sets out how it decides whether to act (PPG 17b-006).
Frequently Asked Questions
I've received a letter from planning enforcement. What should I do?
Check which kind of document it is. A planning contravention notice must be answered in writing within 21 days, and failing to do so is an offence (TCPA 1990 s171C and s171D). An enforcement warning notice gives you a stated period to apply for permission. An enforcement notice can be appealed, but the appeal must be received before the date the notice takes effect, which is at least 28 days after it was served (s172(3), s174(3)). If you are unsure, contact the planning enforcement officer and take advice from a planning consultant or solicitor.
What happens after an enforcement notice is served?
The notice states the breach, the steps required, the date it takes effect and the period for compliance (s173). If you appeal before it takes effect, the notice has no effect until the appeal is decided or withdrawn (s175(4)). If you do not appeal and do not comply, the owner commits a criminal offence once the compliance period ends, with an unlimited fine (s179), and the council can enter the land, do the work and recover its costs (s178).
What is the maximum fine for ignoring an enforcement notice?
There is no cap. Since 12 March 2015 a conviction under section 179 of the Town and Country Planning Act 1990 carries a fine of any amount, in the magistrates' court or the Crown Court, and the court must have regard to any financial benefit gained. The often-quoted £20,000 figure is out of date.
Can I appeal an enforcement notice after the 28 days?
No. The appeal must be received by the Planning Inspectorate before the date the notice takes effect (s174(3)). That date is at least 28 days after the notice was served, but it is the date written on the notice that counts, not 28 days from when you read it. The compliance period is a separate period that runs afterwards.
Is a stop notice immediate?
No. A stop notice cannot take effect earlier than 3 days after service unless the council gives special reasons, and not later than 28 days (s184(3)). Only a temporary stop notice is immediate: it takes effect when it is displayed on the land and lasts up to 56 days in England (s171E).
Can I appeal a breach of condition notice?
There is no appeal to the Planning Inspectorate against a breach of condition notice. It can be challenged by judicial review, or you can apply to vary or remove the condition. The compliance period is at least 28 days, and non-compliance is an offence carrying an unlimited fine in England (s187A).
Will reporting a planning breach show up on my own property searches when I sell?
A complaint you make about a neighbour is about their land. Local authority searches (CON29 question 3.9) ask whether formal notices such as an enforcement notice, stop notice, breach of condition notice or planning contravention notice subsist in relation to the property being sold. Complaints and investigations are not on that list. But the seller's TA6 form asks about disputes with neighbours and nearby property and about notices affecting the property or nearby property, so a complaint you made may need to be mentioned when you sell. Tell your conveyancer.
I started building and then realised I need planning permission. Should I stop?
Stopping and taking advice is the safe course. Work you continue is at your own risk: the council can serve a temporary stop notice, and an enforcement notice can require a building to be altered or removed (s173(5)). You can apply for permission for work already done under section 73A, which can take effect from the date the work was carried out. Building regulations are a separate system.
What is the 4-year rule in planning enforcement?
In England it is now mostly a 10-year rule. The 4-year limit survives only for building work substantially completed, or a change of use to a single dwelling, before 25 April 2024. See our guide to planning enforcement time limits for the dates and examples.
Is building without planning permission a criminal offence?
Not by itself: it is a breach of planning control that the council can choose to enforce against. Failing to comply with an enforcement notice, a breach of condition notice, a stop notice or a temporary stop notice is an offence, as is carrying out works to a listed building without consent (Planning (Listed Buildings and Conservation Areas) Act 1990 s9), or demolishing an unlisted building in a conservation area without planning permission (TCPA s196D).
How do I report a planning breach?
Contact your council's planning enforcement team, usually through an online form, with the address, a description of what has been built or changed, when, and dated photographs. Check whether your council accepts anonymous reports: its local enforcement plan sets out its priorities for enforcement action (PPG Enforcement 17b-006). A report does not oblige the council to serve a notice.
Can the council demolish an unauthorised building?
Only by following the enforcement process. If an enforcement notice requires a building to be removed and the steps are not taken within the compliance period, the council can enter the land, take the steps itself and recover its reasonably incurred expenses from the owner (TCPA s178(1)). Those expenses are a charge binding on successive owners (SI 1992/1492 reg 14(2)).
Disclaimer: PlanWatch provides general information about UK planning processes. This content is not legal advice. Planning law is complex and varies by local authority. Consult a qualified planning consultant or solicitor for advice specific to your situation.