Trying to sell a house with an enforcement notice hanging over it? I know exactly how gut-wrenching that feels. One day you’re planning your next move, the next you’re opening that dreaded letter with “IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY” stamped across the top, and suddenly your whole world turns upside down.
The numbers tell a sobering tale, but you’re certainly not alone in this struggle. Government figures show that while enforcement notices have actually dropped to their lowest levels since records began in 1996 (with 3,867 notices issued across England in 2018/19), local councils are getting cleverer about how they tackle planning breaches. Many now wield the Proceeds of Crime Act like a sledgehammer, confiscating the financial benefits of non-compliance, which can leave homeowners in absolutely dire straits.
If you need a quick house sale, we will explain all the possible options and how we can help you make the right choice. We buy any house, even if it has an enforcement notice – so we could be the solution to your problem.
Table of Contents
What is an enforcement notice from council?
An enforcement notice is a legal document issued by a local council when there’s been a breach of planning control. It’s the council’s way of saying “you’ve built something or changed the use of your property without proper permission, and we need you to fix it.”If you’ve received an enforcement notice, don’t panic – but don’t ignore it either.
Enforcement Notices are legal documents issued by the council if there has been a breach of planning control. In other words, they are issued where development such as an extension or building works has taken place without the correct planning permission or outside the conditions of a planning permission.
A Planning Enforcement Notice can require you to take steps such as:
- to alter a building or remove it completely.
- to reinstate a building that has been demolished.
- to cease an activity that is being carried on.
- to secure compliance with any conditions imposed on planning permission.
The actual steps required will depend on the breach of planning control that the Council believe to have occurred. If you are looking to sell a property with an enforcement notice, the time is not on your side. If the Council get involved to get any work done to the property, the cost is usually substantially higher than having work done privately.
Depending on what steps you are required to take, the truth is, it’s going to be expensive and you’re going to lose out on thousands of pounds.
It makes sense that you would want to sell your property in this situation – but who would want to buy it apart from Property Saviour?
As mentioned, we buy any property regardless of the condition, meaning we can clean this mess up for you and you will walk away within 10 days with cash in your pocket.
If you are trying to sell a property that has an outstanding enforcement notice, you may be getting yourself and the buyer into a whole lot of trouble. This is because an enforcement notice is always against the property and not the individual buyer or seller.
Types of Enforcement Notices
Councils can issue different types of notices:
- Planning Contravention Notice: This asks for information about activities on your land.
- Enforcement Notice: Requires you to take specific steps to remedy a planning breach.
- Breach of Condition Notice: Issued when you’ve not complied with conditions of your planning permission.
- Stop Notice: Orders you to stop an unauthorised activity immediately.
- Temporary Stop Notice: Similar to a Stop Notice, but lasts for 28 days.
Planning contravention notice
This notice requires an owner to supply information on the use or occupation of a property. It may also state the remedial works required to address a planning violation.
This could include a warning to stop the development or an invitation to make a retrospective application. It is illegal to ignore a planning contravention order or to provide incorrect information.
Breach of condition notice
This notice applies to developments that breach planning conditions or limitations, usually where this is detrimental to local amenities, and public safety or likely to cause serious environmental harm. Anyone who has been served with a breach of condition notice must comply within 28 days. It is an offence to refuse to comply.
An offender can be prosecuted at the Magistrates’ Court and fined up to £1,000. If you receive a breach of condition notice and are worried about what to do, please contact the planning authority directly or seek independent advice from a solicitor or other professional adviser.
Enforcement notice
This notice can be served when development has taken place without planning permission or in breach of a planning condition. It will state the steps that need to be taken by a given date to correct the planning breach.
If you receive an enforcement notice you should seek professional advice as quickly as possible. A person who fails to comply can be prosecuted and fined up to ÂŁ20,000 in the Magistrates Court, or an unlimited amount if the case goes before the Crown Court.
Stop notice
Stop notices can be used where the local planning authority needs to take immediate action on unauthorised development. It is an offence to continue any activity on the development once the notice comes into force. If you have received a stop notice, please seek advice from a solicitor or other professional adviser on planning.
A person who fails to comply with a stop notice can be prosecuted and fined up to ÂŁ20,000 in the Magistrates, or an unlimited amount if the case goes before the Crown Court. Stop notices are not commonly used by local planning authorities as they may have to pay compensation, if improperly used.
Injunctions
A local planning authority may apply for a court injunction if they consider that it is necessary to stop an actual or potential breach of planning control.
The court will normally only grant an injunction as a remedy of last resort. Failure to comply with an injunction will be treated as contempt of court and carries with it a prison term.
What Happens After Notice of Enforcement?
Once that notice lands on your doormat, you’re on the clock. You’ve got 28 days to decide whether to appeal or comply with whatever the council is demanding. Ignore it, and you’re heading for serious trouble – we’re talking potential prosecution, whopping great fines, and even a criminal record that could haunt you for years to come.
The worst bit? That notice sticks to your property like chewing gum to a carpet. It makes your home virtually unmortgageable, and most buyers will run a mile once their solicitor spots it during searches. It’s a proper nightmare.
How Buyers & Lenders View Your Property?
Let’s not sugar-coat it – most traditional buyers will give your property a wide berth once they learn about the enforcement notice. Here’s why:
Mortgage companies typically run screaming from properties with enforcement issues
Buyers are terrified of inheriting your planning headache (and who can blame them?)
The possibility of unlimited fines makes even the bravest souls think twice
Solicitors earn their keep by warning clients away from such properties
Even if you do find someone brave enough to take a punt, they’ll likely want a massive discount – often far more than it would cost to sort the problem. It’s salt in the wound, isn’t it?
Your Options When Facing This Property Nightmare
If you’re determined to sell despite having this planning cloud hanging over you, here’s a straightforward look at your options:
| Selling Option | How Long It Takes | Hit to Your Pocket | Who Might Buy | What to Consider |
|---|---|---|---|---|
| Fix the problem, then sell | Months or more | Less once sorted | Anyone | Can you afford the upfront costs? |
| Appeal the notice | 6-12+ months | Significant | Limited buyers | Expensive with no guarantees |
| Try for retrospective permission | At least 2-3 months | Noticeable | Limited during process | Success not assured |
| Sell to cash buyer with notice | Weeks | Substantial discount | Cash buyers only | Quick but lower return |
| Sell to Property Saviour | Days to weeks | Fair discount | Direct sale | Fastest, guaranteed completion |
As you can see, each path involves some compromise between time, money, and certainty. For many of our clients, particularly those who simply need to move on quickly or don’t have thousands sitting around to fix planning issues, selling to us at Property Saviour has provided the lifeline they desperately needed.
Important Considerations Before You Decide
Before you make any decisions, mull over these crucial factors:
How serious is the breach? A minor technical issue might be easier to resolve than a major structural no-no
When did it happen? The 4-year rule might be your salvation (more on that in a bit)
What’s the price tag for compliance? Get proper quotes rather than guessing
How quickly do you need to sell? Some options take far longer than others
What’s your financial situation? Be realistic about what you can afford
How desirable is your property otherwise? Other factors might help offset the planning issues
Have you got proper legal advice? Don’t rely on your mate down the pub for this one
Appealing an Enforcement Notice
You can appeal on several grounds, including:
- Planning permission should be granted for the development
- The alleged breach hasn’t occurred
- The notice wasn’t served correctly
- The time given to comply is too short
.
Appeals are handled by the Planning Inspectorate, independent of your local council.
Tip: Keep records of all communication with the council. This can be helpful if you need to appeal.
Can The Council Force You To Sell Your House?
The nightmare scenario keeping homeowners awake at night isn’t actually that the council will physically force you out – they don’t have that power. But what they CAN do might be just as devastating.
In a shocking twist, planning experts have revealed that councils are increasingly hitting non-compliant homeowners with eye-watering fines that have no upper limit. One poor homeowner was slapped with a jaw-dropping ÂŁ309,011 penalty in 2020, including a confiscation order of ÂŁ261,837 under the Proceeds of Crime Act.
With such financial pressure, many homeowners find themselves effectively forced to sell anyway – but with an unresolved enforcement notice making traditional selling virtually impossible, they’re caught between a rock and a hard place.
Desperate homeowners are increasingly turning to specialist buyers like Property Saviour, who can purchase problem properties when conventional sales channels become blocked.
How Long Does An Enforcement Notice Last?
The brutal truth is that an enforcement notice doesn’t have an expiry date. Unless it’s successfully appealed or the council decides to withdraw it (don’t hold your breath), the notice sticks to your property like a barnacle, potentially forever. This means the legal obligation to comply with it continues indefinitely, whether that’s you or some future owner.
This persistence is precisely why enforcement notices cause such headaches for property owners. The notice will show up during conveyancing searches years or even decades later, scaring off potential buyers and mortgage lenders.
If circumstances or planning policies change significantly over time, you might be able to persuade the council to withdraw the notice, but that’s entirely at their discretion and shouldn’t be counted on as a strategy.
What Is The 4 Year Rule In Planning Enforcement?
The 4-year rule could be your knight in shining armour if you’ve had unauthorised building work or structural changes in place for some time. In simple terms, if your planning breach (like an extension or outbuilding) has been completed for more than 4 years without the council taking enforcement action, they may have missed the boat – they can no longer legally enforce against it.
But hold your horses – this rule doesn’t apply to everything. For changes of use (like turning your house into a business) or breaches of planning conditions, there’s a longer 10-year rule. And if you’ve got a listed building, I’m afraid time limits don’t apply at all.
If you think the 4-year rule might apply to your situation, you’ll need solid evidence showing when the work was finished – dated photos, builder’s invoices, or statements from neighbours can all help prove your case.
How Successful Is Retrospective Planning Permission?
Trying to get retrospective planning permission is a bit like asking for forgiveness rather than permission – sometimes it works, but the odds aren’t quite as good as if you’d done things properly from the start. Success rates vary enormously depending on what you’ve done and where you live.
For minor breaches that don’t upset the neighbours or contradict local planning policies, you might stand a decent chance. But for major deviations or developments that stick out like a sore thumb, you could be on shakier ground.
Your best bet is to bring in a professional planning consultant who knows the local policies inside out. They can assess your situation realistically and help present your case in the best possible light. Just be prepared for the possibility it might not work, and have a Plan B up your sleeve.
What Happens If You Ignore An Enforcement Notice?
Burying your head in the sand with an enforcement notice is about as wise as poking a bear with a stick. The consequences can be truly frightening:
You could find yourself in court facing prosecution
The fines can be absolutely massive – there’s literally no upper limit
In severe cases, you might face a Proceeds of Crime confiscation order (one poor soul was hit with a ÂŁ261,837 order on top of their fine)
You’ll get a criminal record, which can affect job prospects, professional registrations, and even visa applications
Even after prosecution, you STILL have to comply with the notice, so you could face multiple prosecutions
Your property becomes almost impossible to sell through normal channels
As one planning expert put it: “Ignoring an enforcement notice is like ignoring chest pain – it might seem easier in the short term, but the long-term consequences can be catastrophic.”
Making an appeal can be time consuming, difficult, and often unsuccessful. If you don’t want this stress, let us help. We buy any property regardless of the enforcement notice and we promise a quick sale and a fair price.
Can Planning Enforcement Officers Enter Your Property?
Yes, planning enforcement officers do have legal powers to enter your property, but there are some important limits to what they can do. They must give you 24 hours’ notice before entering your home, and if you refuse entry, they’ll need to get a warrant from the magistrates’ court.
Once they’re in, they can take measurements, snap photos, and collect evidence to determine whether planning rules have been broken. They might also want to ask you questions about when work was carried out.
While it might be tempting to bar the door and draw the curtains, being cooperative (while still protecting your rights) is usually the smarter approach. Being difficult can escalate the situation and make the council more determined to pursue enforcement action.
Let Property Saviour Take This Burden Off Your Shoulders
If you’re sitting there with your head in your hands wondering how on earth you’re going to sell a property with an enforcement notice, I want you to know we understand exactly what you’re going through. At Property Saviour, we’ve helped countless people just like you find a way forward when traditional selling methods have hit a brick wall.
We’re not your typical property company. We specialise in buying problem properties – including those with lack of planning permission or active enforcement notices – and we can offer you a lifeline when other buyers simply won’t touch your property.
Why not give us a call for a friendly, no-obligation chat about how we might be able to help? You’ve nothing to lose by exploring your options, and you might be surprised at how straightforward we can make this process.
Don’t let an enforcement notice keep you trapped in a property you need to move on from. Contact Property Saviour today, and let’s find a solution together.
Sell with certainty & speed
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay ÂŁ1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.Â
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.Â
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.Â
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
