Unauthorised construction covers building or works carried out without planning permission or outside the scope of an approved plan. In England this falls under planning enforcement by local authorities and, if contested, can lead to enforcement notices, stop notices, or prosecution. A solicitor in this area drafts and negotiates enforcement responses, helps prepare and appeal against enforcement notices to the Planning Inspectorate, and Advises on applications for retrospective planning permission or lawful development certificates when possible. The matter may also involve injunctions to prevent or require work, and potential criminal proceedings for serious breaches.
What a solicitor handles in these matters
The solicitor handles enforcement notices, planning contravention notices, and any appeals to the Planning Inspectorate. They prepare evidence, liaise with the local planning authority and the Planning Inspectorate, and may assist with retrospective planning applications or lawful development certificates. If the breach is serious, they may support criminal proceedings or injunctions, and coordinate any related compensation or remedial work requirements.
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