Once an enforcement notice takes effect, it becomes legally binding and the person responsible must comply with its requirements by the stated deadline.
What happens if a notice is not complied with?
Failure to comply once an enforcement notice takes effect can have serious consequences and can lead to:
- Legal action and prosecution.
- Fines if convicted – daily fines may also be imposed if the breach continues.
In the case of significant or harmful breaches, the local planning authority (LPA) can take direct action to enter the land, carry out the required works and charge back the full cost of undertaking those works.
Financial consequences
Under the Proceeds of Crime Act 2002, any profits gained from an unauthorised development can be confiscated once an enforcement notice is effective—for example, rental income from illegally converted flats.
Impact on future owners
An enforcement notice becomes a Local Land Charge, meaning it remains attached to the property. Anyone who buys the property is legally expected to comply with it and can be prosecuted if they fail to do so.