Section 165: Rights of entry: supplementary provisions

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

Part 8: Enforcement

A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 163 or 164 ("a relevant right of entry")—

must, if so required, produce evidence of the authority and state the purpose of entry before entering the land,
may take on to the land such other persons as may be necessary, and
must, if the person leaves the land at a time when the owner or occupier is not present, leave it as effectively secured against trespassers as it was found.

A person commits an offence if the person wilfully obstructs a person acting in the exercise of a relevant right of entry.

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

If any damage is caused to land or chattels in the exercise of a relevant right of entry, compensation may be recovered by any person suffering the damage from the local planning authority that authorised the entry.

Except so far as otherwise provided by regulations, any question of disputed compensation under subsection (4) is to be referred to and determined by the Upper Tribunal.

In relation to the determination of any such question, the provisions of section4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to any other prescribed modifications.

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