Section 164: Right to enter under warrant

Planning Act 2008 · 2008 c. 29View on legislation.gov.uk

Part 8: Enforcement

This section applies if it is shown to the satisfaction of a justice of the peace on sworn information in writing—

that there are reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of any land, and
that the condition in subsection (2) is met.

The condition is that—

admission to the land has been refused, or a refusal is reasonably apprehended, or
the case is one of urgency.

The justice of the peace may issue a warrant authorising any person who is authorised in writing for the purpose by the relevant local planning authority to enter the land.

For the purposes of subsection (2)(a) admission to land is to be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

A warrant authorises entry on one occasion only and that entry must be—

before the end of the period of one month beginning with the date of the issue of the warrant, and
at a reasonable hour, unless the case is one of urgency.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.