TA6 Planning Enforcement: What to Disclose

Planning enforcement is one of the most serious issues a seller can face when completing the TA6 Property Information Form. Whether you have received an enforcement notice, a breach of condition notice, or simply a letter from the council indicating it is investigating a potential planning breach, the question of what to disclose — and how — can feel overwhelming.

The fundamental principle is straightforward: you must be honest. But the practical reality involves understanding exactly what the TA6 asks, what constitutes planning enforcement action, and what steps you can take to put yourself in the strongest possible position before or during the sale. This guide covers all of it.

What the TA6 asks about planning enforcement

The TA6 (4th edition, 2020) addresses planning enforcement in two key areas:

Section 6 — Alterations, planning and building control: This section asks whether any alterations or extensions have been made to the property and whether the necessary planning consents were obtained. If work was carried out without permission and has attracted enforcement action, this is where you disclose the details of the unauthorised development itself. Our guide on the TA6 alterations section covers how to answer these questions.

Section 7 — Notices and proposals: This section asks whether you have received any notices or correspondence from a local authority or government department affecting the property. Enforcement notices, breach of condition notices, stop notices, planning contravention notices, and Section 215 notices (untidy land notices) all fall squarely within this question. You must disclose any such notices, whether current, complied with, or under appeal.

Even if the TA6 did not ask these questions directly, the general duty not to give misleading answers would still require you to disclose material planning enforcement issues. As our guide on the seller's duty of disclosure explains, you must answer each question honestly and completely.

Types of planning enforcement action

Local planning authorities have a range of enforcement tools at their disposal. Understanding which type of action applies to your situation helps you explain it accurately on the TA6 and plan your response.

Enforcement notice

An enforcement notice is the most common formal enforcement tool. It is issued under Section 172 of the Town and Country Planning Act 1990 when the local planning authority considers that a breach of planning control has occurred and it is expedient to take action. The notice specifies the alleged breach, the steps required to remedy it (for example, removing an unauthorised extension or ceasing an unauthorised use), and the deadline for compliance.

An enforcement notice must be served on the owner, occupier, and any other person with an interest in the land. It takes effect on a specified date, which must be at least 28 days after the notice is issued, giving you time to appeal. Once an enforcement notice takes effect and the compliance period expires, failure to comply is a criminal offence under Section 179.

Breach of condition notice

A breach of condition notice (BCN) is issued under Section 187A when planning permission was granted subject to conditions that have not been met. For example, a condition requiring specific boundary fencing within three months of completion, or restricting the hours of operation of a home business. Unlike enforcement notices, there is no right of appeal against a BCN, though the underlying condition can sometimes be varied or discharged by a separate application.

Stop notice and temporary stop notice

A stop notice under Section 183 can be served alongside an enforcement notice to require that the activity in breach stops immediately, without waiting for the enforcement notice compliance period to expire. A temporary stop notice under Section 171E can be served without an accompanying enforcement notice and lasts up to 28 days. These are used where the council considers the breach is causing serious harm and must be halted urgently.

Planning contravention notice

A planning contravention notice (PCN) under Section 171C is an information-gathering tool rather than enforcement action proper. The council uses it to require you to provide information about activities on the land. You must respond within 21 days, and providing false information is an offence. While a PCN does not itself require you to remedy any breach, it signals that the council is actively investigating and enforcement action may follow. You should disclose receipt of a PCN on the TA6.

Section 215 notice (untidy land)

A Section 215 notice requires you to clean up land or a building whose condition adversely affects the amenity of the area. While not strictly a planning enforcement notice in the usual sense, it is a statutory notice from the local authority that you must disclose on the TA6 under the notices and proposals section.

How to disclose enforcement action on the TA6

When answering the relevant TA6 questions, be specific and factual. Avoid vague language and do not attempt to downplay the situation. Here are examples of how to word your disclosure:

"An enforcement notice was issued by [council name] on [date] in relation to an unauthorised rear extension built without planning permission. We have applied for retrospective planning permission (application reference [number]) and the application is pending determination. A copy of the enforcement notice and planning application are attached."

Or, where the matter has been resolved:

"An enforcement notice was issued by [council name] in [year] requiring removal of a front boundary wall exceeding 1 metre in height. The wall was reduced to the required height in [month/year] and the council confirmed compliance in writing. A copy of the council's confirmation letter is attached."

For threatened action that has not yet resulted in a formal notice:

"We received a letter from [council name] planning enforcement team dated [date] advising that a planning contravention notice may be issued in relation to the change of use of the garage to a home office. We are taking legal advice and believe the use falls within permitted development under Class E of Schedule 2, Part 1 of the GPDO 2015. Correspondence is attached."

As our guide on common TA6 mistakes explains, one of the most damaging errors sellers make is providing incomplete or evasive answers. A buyer's solicitor who suspects information is being withheld will raise additional enquiries, slowing the transaction and eroding trust.

Enforcement time limits and immunity

Not all planning breaches can be enforced against indefinitely. The Town and Country Planning Act 1990 sets time limits after which the local authority loses its power to take enforcement action:

Once the enforcement period has expired, the development becomes immune from enforcement action. You can then apply for a lawful development certificate (LDC) under Section 191 of the Act, which provides official confirmation that the development is lawful. An LDC is a powerful document for conveyancing purposes — it reassures the buyer's solicitor and satisfies mortgage lenders.

However, be aware that the Localism Act 2011 introduced Section 171BA, which allows councils to apply to the magistrates' court for a planning enforcement order in cases where a breach has been deliberately concealed. This means there is no safe harbour for those who actively hide unauthorised development.

How enforcement action affects your sale

The practical impact of planning enforcement on a property sale depends on the nature and status of the action:

Active enforcement notice (not yet complied with)

This is the most challenging scenario. An outstanding enforcement notice will appear on the buyer's local authority search, so there is no prospect of concealing it. Most mortgage lenders will decline to lend on a property with an unresolved enforcement notice, which severely restricts your buyer pool. You will typically need to either comply with the notice or obtain retrospective planning permission before the sale can proceed.

Enforcement notice under appeal

If you have appealed the enforcement notice to the Planning Inspectorate, the notice is suspended until the appeal is determined. However, most buyers and lenders will be reluctant to proceed while the outcome is uncertain. Some cash buyers may be willing to purchase at a discounted price, taking on the risk themselves, but this is the exception rather than the rule.

Complied enforcement notice

If you have fully complied with the enforcement notice and the council has confirmed this, the impact on your sale is much reduced. The notice will still appear on the local authority search as a historic matter, and you must disclose it on the TA6, but most buyers and lenders will be satisfied provided you can supply evidence of compliance.

Threatened but not yet formal

Where the council has written to you about a potential breach but has not issued a formal notice, you should still disclose the correspondence on the TA6. Taking proactive steps to resolve the matter — whether by applying for retrospective permission or ceasing the unauthorised activity — demonstrates good faith and reduces the risk to the buyer.

Resolving a planning breach before sale

Wherever possible, the best course of action is to resolve the planning breach before listing your property. Your options depend on the circumstances:

Apply for retrospective planning permission

Under Section 73A of the Town and Country Planning Act 1990, you can apply for planning permission for development that has already been carried out. The council assesses the application against current planning policies. If the development is acceptable in planning terms, permission will be granted. This is the cleanest resolution because you end up with a formal planning consent. However, there is no guarantee of success — if the development would not have been approved in the first place, retrospective permission is unlikely to be granted.

Comply with the enforcement notice

If retrospective permission is unlikely or has already been refused, complying with the enforcement notice by carrying out the required steps (removing the structure, reverting the use, or meeting the specified conditions) removes the threat entirely. This may involve a financial cost, but it provides certainty and allows you to sell with a clean position.

Obtain a lawful development certificate

If the enforcement period has expired and no enforcement notice was issued during that window, you can apply for an LDC to confirm the development is immune from enforcement. LDC applications cost half the standard planning fee and are typically determined within eight weeks. You will need to provide evidence that the development has existed for the required period— dated photographs, utility bills, council tax records, or sworn statements from neighbours can all be used.

Negotiate with the council

In some cases, particularly where the breach is minor or the council has limited resources, it may be possible to negotiate an outcome. For example, the council might accept amended plans that reduce the scale of the development, or agree to conditions that mitigate the impact. A planning consultant or solicitor experienced in enforcement matters can advise on whether negotiation is realistic in your situation.

The consequences of non-disclosure

Failing to disclose planning enforcement action on the TA6 is both futile and dangerous:

• Local authority searches will reveal it. The buyer's solicitor will obtain a local authority search that shows all enforcement notices, stop notices, and related entries on the planning register. Any attempt to conceal enforcement action will be exposed.
• Misrepresentation claims. If you give false or misleading answers on the TA6 and the buyer suffers loss as a result, they can bring a claim under the Misrepresentation Act 1967. Fraudulent misrepresentation can result in the contract being rescinded entirely. Our guide on what happens if you lie on the TA6 explains the potential consequences.
• Professional negligence risk. If your solicitor was aware of the enforcement action but it was not disclosed on the TA6, both you and your solicitor could face liability.
• Criminal liability. In cases of deliberate concealment, the council can apply for a planning enforcement order under Section 171BA, removing the protection of the normal time limits.

What the buyer's solicitor will ask

When planning enforcement action is disclosed on the TA6 or revealed by the local authority search, the buyer's solicitor will typically raise the following enquiries:

1. A copy of the enforcement notice or other formal notice
2. Details of any appeal lodged and its outcome
3. Evidence that the required steps have been taken to comply with the notice
4. Confirmation from the council that the breach has been remedied
5. Details of any retrospective planning application and its status
6. A copy of any lawful development certificate obtained

Having these documents gathered and ready before your property goes on the market saves significant time. This is the kind of upfront preparation that prevents delays later in the conveyancing process and demonstrates to buyers that you are dealing with the situation transparently. For more on how unauthorised building work interacts with the TA6, see our guide on declaring building work done without consent.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• Town and Country Planning Act 1990, Sections 171B, 171BA, 171C, 172, 174, 179, 183, 187A, 187B, 191, and 215 — legislation.gov.uk
• Town and Country Planning (General Permitted Development) (England) Order 2015 — legislation.gov.uk
• Localism Act 2011, Section 124 (planning enforcement orders)— legislation.gov.uk
• Misrepresentation Act 1967 — legislation.gov.uk
• Gov.uk — Ensuring effective enforcement (planning practice guidance): gov.uk/guidance/ensuring-effective-enforcement
• Planning Inspectorate — Enforcement appeals process: gov.uk/government/collections/enforcement-appeals
• Royal Town Planning Institute — Planning enforcement guidance: rtpi.org.uk

Frequently asked questions