Town and Country Planning (Scotland) Act 1997
What this means for your business
- Enforced by
- Planning Inspectorate
- Applies to
- United Kingdom
- On this page
- 33 compliance obligations, 2 practical guides across 2 topics
What you must do
33 compliance obligations under this legislation — 4 can result in imprisonment.
Management duties 3
Complete development within the period set by a completion notice
If you have started work under a planning permission but haven’t finished it in the time allowed, the council can issue a completion notice. The notice gives you a further period (at least 12 months) to finish the works, and you must either complete the development within that time or raise an objection within the 28‑day objection window.
Limit floor space in rebuilt or altered buildings
If you rebuild or alter a building, you must make sure the total floor area you can use for any purpose does not exceed the floor area that was last used for that purpose (or, for the original building, not more than 10% larger). You have to measure the external gross floor space and ignore any use that is subject to an enforcement notice. This means you need to check the building’s previous use and keep the new floor space within the allowed limits before you start using it.
Offer Crown land interest to authority before serving a purchase notice
If your business owns a private interest in Crown land and you want to serve a purchase notice, you must first give the appropriate authority a written offer to sell or dispose of that interest on the same terms you would use in the notice. Only if the authority refuses that offer can you go ahead and serve the purchase notice. This prevents you from bypassing the authority’s first right of refusal.
Notifications 5
Display a development notice while works are in progress
If your business is carrying out a type of development that the regulations list as a ‘prescribed class’, you must put a notice on the site that contains the required information. The notice has to stay visible for the whole time the development is being carried out, and be removed only when the work is finished.
Give pre‑application notice and wait before submitting planning permission
If you intend to apply for planning permission, you must first send a written notice to the planning authority that includes a brief description of the development, the site address, a site outline plan and your contact details. You then have to wait at least 12 weeks (but no more than 18 months) before you can submit the formal application. The authority may ask you to notify additional people or carry out extra consultation, which you must comply with within 21 days of their request.
Notify planning authority of your development start date
If you have been granted planning permission for a development, you must tell the local planning authority when you plan to start the work. Do this as soon as you have picked a start date and certainly before any building or works begin. This lets the authority keep track of development progress and enforce any conditions attached to the permission.
Notify planning authority when development is completed
When you finish any building or land development that has been granted planning permission, you must let the local planning authority know as soon as practicable. If the permission was granted for the work to be done in phases, you must send a notice after each phase (except the final one, which is covered by the same rule). This keeps the authority updated and helps avoid enforcement action.
Seek relief from impracticable obligations and publish notice
If your statutory undertaking (for example a water, gas, electricity or transport utility) finds that an obligation can no longer be fulfilled because land has been compulsorily acquired or another event listed in the Act occurs, you must ask the Scottish Ministers for relief. If the Ministers agree, they will order you to publish a notice of the request (with at least 28 days for objections) and to serve that notice to the people they specify.
Other requirements 2
Plant a replacement tree when a protected tree is removed
If you cut down, uproot, destroy or a protected tree in a conservation area dies (when only regulated removal is allowed), you must replace it by planting a new tree of a suitable size and species at the same spot as soon as reasonably possible. You can ask the planning authority to waive this requirement, but otherwise the duty stays with whoever owns the land.
Replace trees removed in breach of a Tree Preservation Order
If you take down, destroy or a protected tree dies without the proper permission, you must plant a replacement tree of a suitable size and species as soon as reasonably possible. For woodland you must replace the same number of trees nearby or on land agreed with the planning authority. The new tree is subject to the same preservation order as the original.
Offences and prohibitions 22
Breach planning control orders (section 71 / Schedule 8)
Unlimited fineIf you use land, resume mineral development or ignore a suspension order that has been made under section 71 or Schedule 8 of the Town and Country Planning (Scotland) Act 1997, you commit a criminal offence. Conviction can lead to an unlimited fine (on indictment) and, for summary cases, a fine up to the statutory maximum. There is no custodial sentence mentioned, but the offence can be tried either in the Magistrates’ Court or the Crown Court.
Cut down or damage a protected tree without permission
Unlimited fineIf you cut down, uproot, destroy, damage, top or lop a tree that is covered by a tree preservation order, you commit a criminal offence. Even any other breach of the order (such as carrying out unauthorised work) also counts as an offence. Conviction can lead to a fine of up to £20,000 on summary conviction or an unlimited fine on indictment, and the court will consider any financial gain you made from the breach.
Display advertisement contrary to planning regulations
Unlimited fineIf your business puts up an advertisement that does not comply with the planning authority’s advertising regulations, you commit a criminal offence. On conviction in the Magistrates’ Court you can be fined up to an unlimited amount, and a daily fine may apply for each day the breach continues. The offence applies to anyone who displays or authorises the ad.
Fail to attend or produce documents for a local planning inquiry
3 months imprisonmentIf your business is served with a notice to attend a local planning inquiry or to provide documents and you deliberately ignore it, you commit a criminal offence. On conviction in the Magistrates' Court you can be fined up to £200 or sent to prison for up to three months.
Fail to comply with a breach of planning condition notice
Unlimited fineIf you have planning permission that includes conditions and a planning authority serves you with a breach of condition notice, you must comply with the steps or stop the activities set out in that notice within the time allowed (at least 28 days, or any extended period). Failing to do so after the deadline is a criminal offence. On conviction you face an unlimited fine on summary conviction, with no prison term.
Fail to comply with a stop notice
Unlimited fineIf you continue any development activity after a stop notice has been served or displayed, you commit a criminal offence. On conviction you face a fine – up to £50,000 if tried in the magistrates’ court, or an unlimited fine if the case goes to Crown Court – and the court will look at any financial gain you made from the breach. No prison term is prescribed for this offence.
Fail to comply with a temporary stop notice
Unlimited fineIf you continue any work or activity after a temporary stop notice has been served on you, or after a copy has been displayed as required, you are committing an offence. The offence also covers allowing someone else to breach the notice. Conviction can lead to a fine of up to £50,000 in a magistrates’ court or an unlimited fine in the Crown Court, with the court considering any financial benefit you received from the breach.
Fail to comply with planning contravention notice (or give false statement)
Unlimited fineIf you are served with a planning contravention notice and you do not carry out the required action within 21 days, you commit a criminal offence. It is also an offence to knowingly or recklessly make a false or misleading statement that you have complied with the notice. Conviction is on summary (magistrates’ court) and carries an unlimited fine.
Fail to comply with planning enforcement notice
Unlimited fineIf you own land in Scotland (or have control or an interest in it) and an enforcement notice is issued, you must carry out the required steps or stop the required activities within the period set in the notice. Failing to do so after the deadline makes you guilty of a criminal offence. On conviction you can be fined up to £50,000 on summary conviction or face an unlimited fine on indictment.
Fail to provide or misstate required land‑interest information
2 years imprisonmentIf a local authority or the Secretary of State asks you – as the occupier of land or someone who receives rent – to give details about who has interests in the land, you must supply the information in writing within at least 21 days. Not providing the information, or knowingly giving false details, is a criminal offence. You could face a fine (up to an unlimited amount) and, for a false statement, up to two years’ imprisonment.
Make false statements to obtain compensation
2 years imprisonmentIf you (or your company) lie, are reckless or withhold material information when claiming compensation for land acquired under a general vesting declaration, you commit a criminal offence. On conviction you can be fined – up to the statutory maximum on summary conviction – and on indictment you face up to two years’ imprisonment, a fine, or both.
Obstruct a person exercising entry powers
Fine up to £1,000If you deliberately block or impede a planning inspector or any other authorised person who is exercising their right of entry under section 269, you commit a criminal offence. On conviction in the Magistrates’ Court you face up to a £1,000 fine.
Obstruct a planning enforcement officer
Fine up to £200If you deliberately block or prevent a planning authority officer from entering premises or carrying out their duties under the Town and Country Planning (Scotland) Act 1997, you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £200. No custodial sentence is provided for this offence.
Obstruct a planning inspector’s entry
Fine up to £1,000If you deliberately block or hinder a person authorised by the Town and Country Planning (Scotland) Act to enter your land, you commit a criminal offence. On conviction in the Magistrates' Court you could be fined up to £1,000.
Obstruct a planning inspector’s right of entry
Fine up to £1,000If you deliberately block or prevent a planning inspector, or any other authorised person, from entering your land when they have a legal right of entry (including taking tree or soil samples), you commit a criminal offence. Conviction in the magistrates' court can result in a fine of up to £1,000. No prison term is specified for this offence.
Obstruct planning authority’s tree‑planting
Fine up to £1,000If you deliberately prevent a planning authority (or its agents) from planting trees that a section‑168 notice requires, you commit a criminal offence. The offence is tried in the magistrates’ court and can result in a fine of up to £1,000. No prison term is prescribed for this breach.
Submit false or misleading information for planning certificate
2 years imprisonmentIf you knowingly or recklessly give a false or misleading statement, use a false document, or hide material information to try to obtain a planning certificate, you commit a criminal offence. On summary conviction you face an unlimited fine, and on indictment you could be jailed for up to two years, fined, or both.
Submit false planning application certificate
Unlimited fineIf you (or your business) issue a certificate with false or misleading information about land ownership or tenancy when applying for planning permission, you commit a criminal offence. On conviction in the magistrates' court you face an unlimited fine. No prison term is attached to this offence.
Unauthorised reinstatement of works after an enforcement notice
Unlimited fineIf you rebuild, restore or otherwise carry out development on a building or work that you have previously removed or altered because an enforcement notice required it, and you do so without first obtaining planning permission, you commit a criminal offence. On summary conviction you face an unlimited fine, with the court taking into account any financial benefit you received from the unauthorised activity.
Unauthorised work on protected trees in conservation areas
Unlimited fineIf you damage, remove or carry out any work on a tree in a conservation area that would be prohibited by a tree preservation order – even when no order is currently in force – you commit a criminal offence. You can avoid prosecution by giving the planning authority proper notice and either obtaining consent or waiting the required 6‑week and 2‑year periods. On conviction you face a fine (potentially unlimited) and, in the most serious cases, imprisonment.
Wilfully obstruct planning authority carrying out works
Fine up to £1,000If you deliberately prevent a planning authority officer from entering land and carrying out works that the authority is entitled to do under a planning obligation, you commit a criminal offence. On conviction in the magistrates' court you can be fined up to £1,000. No prison term is provided for this offence.
Wilfully obstruct planning authority’s enforcement work
Fine up to £1,000If you deliberately prevent a planning authority officer from entering your land or carrying out the work required by an enforcement notice, you commit a criminal offence. On conviction in the magistrates' court you can be fined up to £1,000. No imprisonment is provided for this offence.
Reporting and filing 1
Prepare a pre‑application consultation report
If your business is required to carry out pre‑application consultation under the planning rules and you then submit a planning permission application, you must produce a report showing what you did to meet the consultation requirements. The report must follow the format and include the information set out in the regulations.
Penalties for non-compliance
22 penalties under this legislation. 4 can result in imprisonment. 14 carry an unlimited fine.
Fail to provide or misstate required land‑interest information
Unlimited fine and/or 2 years imprisonment
Make false statements to obtain compensation
Unlimited fine and/or 2 years imprisonment
Submit false or misleading information for planning certificate
Unlimited fine and/or 2 years imprisonment
Fail to attend or produce documents for a local planning inquiry
Fine up to £200 and/or 3 months imprisonment
Breach planning control orders (section 71 / Schedule 8)
Unlimited fine
Cut down or damage a protected tree without permission
Unlimited fine
Display advertisement contrary to planning regulations
Unlimited fine
Fail to comply with a breach of planning condition notice
Unlimited fine
Fail to comply with a stop notice
Unlimited fine
Fail to comply with a temporary stop notice
Unlimited fine
Fail to comply with planning contravention notice (or give false statement)
Unlimited fine
Fail to comply with planning enforcement notice
Unlimited fine
Submit false planning application certificate
Unlimited fine
Unauthorised reinstatement of works after an enforcement notice
Unlimited fine
Unauthorised work on protected trees in conservation areas
Unlimited fine
Obstruct a person exercising entry powers
Fine up to £1,000
Obstruct a planning inspector’s entry
Fine up to £1,000
Obstruct a planning inspector’s right of entry
Fine up to £1,000
Obstruct planning authority’s tree‑planting
Fine up to £1,000
Wilfully obstruct planning authority carrying out works
Fine up to £1,000
Wilfully obstruct planning authority’s enforcement work
Fine up to £1,000
Obstruct a planning enforcement officer
Fine up to £200
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
401 classified provisions from this legislation.
Duties 53
- s.1A Planning authorities: chief planning officer planning authority
- s.3CB Key agencies to co-operate a key agency
- s.3A National Planning Framework targets relating
- s.3AA Duty to review the National Planning Framework
- s.3F Greenhouse gas emissions policies
- s.4ZB Duties to have regard to regional spatial strategies
- s.4ZA Regional spatial strategies
- s.15B Review of local place plans
- s.16D Play sufficiency assessment
- s.16 Preparation and monitoring of local development plans: general
- s.16E Publication of list of persons seeking land for self-build housing
- s.16A Participation of children and young people in local development plan
- s.19ZA Examination under section 19(3): further provision
- s.20A Publication of and publicity for local development plan
- s.27C Display of notice while development is carried out
- s.27A Notification of initiation of development
- s.27B Notification of completion of development such permission granted is
- s.35C Pre-application consultation report
- s.35B Pre-application consultation: compliance reference
- s.36 Registers of applications etc. planning authority
- ... and 33 more duties
Offences and penalties 23
- Schedule 15 General vesting declarations
- s.35 Notice etc. of applications to owners and agricultural tenants.
- s.75 Planning obligations
- s.126 Penalties for non-compliance with planning contravention notice.
- s.135 Execution and cost of works required by enforcement notice.
- s.136 Offence where enforcement notice not complied with.
- s.138 Enforcement notice to have effect against subsequent development.
- s.144 Penalties for contravention of stop notice.
- s.144C Temporary stop notices: offences
- s.145 Enforcement of conditions.
- s.148 Penalties for contravention of orders under section 71 and Schedule 8.
- s.153 Offences.
- s.158 Rights of entry: supplementary provisions.
- s.170 Execution and cost of works required by section 168 notice.
- s.171 Penalties for non-compliance with tree preservation order.
- s.172 Preservation of trees in conservation areas.
- s.178 Rights of entry: supplementary provisions.
- s.186 Enforcement of control as to advertisements.
- s.265 Local inquiries.
- s.270 Supplementary provisions as to rights of entry.
- ... and 3 more offences and penalties
Powers 95
- s.2 Enterprise zones.
- s.3CC Amendment of National Planning Framework
- s.3AC Information to assist preparation of National Planning Framework
- s.4ZD Directions to prepare or review regional spatial strategies
- s.4ZE Guidance for regional spatial strategies
- Schedule 13 Regulations as to compensation in respect of orders relating to mineral working
- s.16C Effective community engagement: guidance
- Schedule 16 Procedure for making and confirming orders relating to roads and rights of way
- s.19 Examination of proposed local development plan
- s.20AA Amendment of local development plan
- s.23B Default powers of the Scottish Ministers
- s.23A Regulations under this Part
- s.29 Granting of planning permission: general.
- s.31A Planning permission in respect of operation of marine fish farm
- s.32A Variation of application other than one referred to the Scottish Ministers
- s.33A Notice requiring application for planning permission for development already carried out
- s.37 Determination of applications: general considerations.
- s.38 Consultations in connection with determination of applications.
- s.38A Pre-determination hearings
- s.40 Assessment of environmental effects.
- ... and 75 more powers
Definitions 61
- s.1 Planning authorities.
- s.3G Open space strategy green infrastructure green networks open space
- s.3 Urban development areas.
- Schedule 3 Conditions relating to mineral working restoration condition aftercare condition the aftercare period
- s.3AB Revising the framework: participation statement and considerations participation statement
- Schedule 10 Periodic review of mineral planning permissions mineral permission mining site old mining permission
- s.15 Form and content of local development plans
- s.20B Development plan schemes
- s.24 Meaning of “development plan”
- s.26 Meaning of “development”. development fish farming inland waters
- s.26A Hierarchy of developments
- s.27 Time when development begun. material operation material development general development order
- s.28 Development requiring planning permission.
- s.30 Development orders: general.
- s.34 Notice by planning authority of certain applications made to them
- s.39 Declining to determine an application
- s.43A Local developments: schemes of delegation
- s.54C Content of schemes: self-build housing
- s.54F Interpretation of provisions about schemes
- s.57 Development with government authorisation.
- ... and 41 more definitions
Exemptions 51
- Schedule 2 Exemptions from planning permission for certain land uses in 1948
- Schedule 5 Simplified planning zones
- Schedule 11 Development not constituting new development
- s.16B Evidence report for preparation of local development plan
- s.18 Preparation and publication of proposed local development plan
- s.21 Delivery programmes
- s.23 Disregarding of representations with respect to development authorised by or under other enactments
- s.26B Material change of use: short-term lets
- s.26AB Power by order to provide marine fish farming is not “development”
- s.31 Permission granted by development order.
- s.33 Planning permission for development already carried out.
- s.35A Pre-application consultation: preliminary
- s.41B Conditional grant of planning permission: provision of toilet facilities within certain large developments
- s.42 Determination of applications to develop land without compliance with conditions previously attached.
- s.43B Matters which may be raised in a review under section 43A(8)
- s.47 Right to appeal against planning decisions and failure to take such decisions.
- s.47A Matters which may be raised in an appeal under section 47(1)
- s.49 Simplified planning zones.
- s.54B Scheme grants planning permission, etc.
- s.55 Planning permission for development in enterprise zones.
- ... and 31 more exemptions