The Development and Planning Authority has a duty under law to investigate and take action against possible breaches of planning control and breaches of the Building Regulations.
It should be noted that not all works require formal planning permission. Do I need planning permission? offers advice and guidance regarding whether proposals need permission.
If you are purchasing a property please see Request a Property Search and Immunity Certificate which offers further information regarding work carried out by previous property owners.
⇒ A Statement of Planning Enforcement Policy (24 Feburary 2015) [142kb] has been published containing information regarding the role of enforcement, making a complaint, enforcement policy principles, enforcement powers, the register of enforcement notices and appeals.
⇒ Planning Enforcement Guidance Note [250kb] provides general information on planning enforcement and procedures.
Please note we do not give out details of complainants so your comments will be treated as confidential.
The enforcement notice websearch provides information of notices served on unauthorised developments. Full details regarding Enforcement can be found in The Planning and Development (Guernsey) Law 2005 [630kb], Part V.
Breaches of Planning Control
- The vast majority of development on the Island takes place in accordance with planning rules, however, there are a number of cases each year where breaches of planning control have taken place and for the most part, we rely on the public, the Douzaine, Deputies and other States Committees to help identify breaches of planning control.
- The role of planning enforcement is to investigate complaints about possible breaches of planning law.
- Breaches of planning control include:
- ⇒ Work being carried out without planning permission - more information can be found on Do I need Planning / Building Permission?.
- ⇒ Departures from the approved plans of a planning permission.
- ⇒ Non-compliance with conditions imposed by a planning permission.
- ⇒ Unauthorised works to a Protected Building - more information can be found on Protected Buildings.
- ⇒ Unauthorised change of use - more information can be found on Planning Use Classes.
- ⇒ Unauthorised advertising or signage - more information can be found on Signs and Advertisements.
- ⇒ Unauthorised works to trees - more information can be found on Trees, Hedges and Earthbanks.
- ⇒ Unauthorised removal of hedges - more information can be found on Trees, Hedges and Earthbanks.
- ⇒ Unauthorised removal of earthbanks - more information can be found on Trees, Hedges and Earthbanks.
- Protected Buildings
- Demolition of a Protected Building without first obtaining planning permission is a criminal offence. If you believe that a Protected property, or part of a Protected property, is being demolished or altered without planning permission, please notify us immediately.
- Conservation Areas
- There is a presumption against the demolition of any building, structure or feature that makes a positive contribution to the character of a conservation area. If you suspect that unauthorised works are being carried out in a conservation area please notify us.
- Tree Protection Orders
- A breach of a Tree Protection Order (TPO) would result in direct prosecution. See Trees, Hedges and Earthbanks for more information on TPOs
Breaches of Building Regulations
- Breaches of the Building Regulations are often identified though the Building Control site inspection regime.
- Breaches of Building Regulations include:
- ⇒ structural alterations
- ⇒ interpretation of plans
- ⇒ life safety matters
- ⇒ site conditions resulting in deviations from approved plans
- Such breaches are taken seriously and measures taken to ensure remedial works, where necessary, were identified and are normally carried out by the contractor. Where this is not possible further enforcement action may be taken through the issuing of notices.
- ⇒ Challenge Notice - may be issued when further information is required. The notice can be served on any person who we believe could supply information relating to the alleged infringement or works taking place.
- ⇒ Compliance Notice - can be issued on anyone who has an interest in the land including contractors, sub-contractors and land owners. This notice will give a 28 day period in which an appeal can be lodged before coming into effect after which there is a defined period of time in which to carry out the instructions on the notice.
- ⇒ Interim Compliance Notice - can be served in conjunction with the compliance notice where an activity or works carried out are causing serious problems or nuisance and this can come into effect within a 24 hour period. (Immediately in the case of a breach of the Building Regulations).
- ⇒ Completion Notice - can be issued where the development has not been completed within a reasonable period.
- ⇒ Injunction - can be served in extreme cases. Injunctions can be granted by the Royal Court following an application by the Development and Planning Authority.
- ⇒ Preservation Notice
- Please note that the above notices are legally binding and failure to comply could lead to prosecution.
Notify us of a suspected breach of Planning or Building Regulations
- Enforcement - Making a Complaint [262kb] provides details on how to make a complaint about suspected unauthorised work.
- Please ensure that your correspondence includes your:
- ⇒ full name ⇒ postal address
- ⇒ telephone number ⇒ email address
- It is helpful if you can supply photographs of the activity that concerns you.
- Complaints are only accepted in writing to:
- ⇒ Office of the Development Planning Authority, Sir Charles Frossard House, PO Box 43, La Charroterie, St Peter Port, Guernsey, GY1 1FH
- ⇒ or contact us
- If the matter is urgent (e.g. a life safety issue, felling of protected trees and unauthorised work to protected buildings) please telephone 01481 717200.