Planning Act 1998 · 2020 Revised Edition · Part 3 · Development and Subdivision of Land
12A. Presumption of permitting unauthorised development or works
Feedback & supportLast amended by an amending law of 2017.
If a tenant or contractor of the owner of any land —
owner
“owner”, in relation to land or premises, means the person for the time being receiving the rent of the land or premises whether on the person’s own account or as trustee for any other person or as receiver (not being appointed by or on behalf of a mortgagee) or the person who would receive the rent if the land or premises were let to a tenant and includes —(a)a mortgagee in possession; and(b)the purchaser of any newly constructed premises or part thereof in respect of which a temporary occupation permit or a certificate of statutory completion has been granted;
carries out any development of the land in contravention of section 12(1); or
carries out any works within a conservation area on the land in contravention of section 12(2),the owner of the land is taken to have permitted the carrying out of the development, or permitted the carrying out of those works, as the case may be, in contravention of the same provision.
However, it is a defence in proceedings against an owner of any land for an offence under section 12(4) for such a contravention if it is proved by the defendant, on a balance of probabilities, that the defendant —
land
“land” includes buildings and any estate or interest in or right over land;
took all reasonable precautions to prevent the contravention by the tenant or contractor; or
could not, by the exercise of due diligence, have prevented the contravention by the tenant or contractor.
Without limiting the ways in which a defendant may satisfy the requirements of subsection (2)(b), a defendant satisfies those requirements if it is proved, on a balance of probabilities, that the commission of the offence occurred when the defendant was not the owner of the land in question and that the commission of the offence was due to the act or default of another person.
An owner of any land may be proceeded against and convicted under a provision pursuant to this section whether or not the tenant or contractor (as the case may be) of the owner has been proceeded against or been convicted under that provision.
In this section —
“contractor”, in relation to an owner of any land, means any person whom the owner employs, engages or hires directly to carry out any type of building works on the land;
building
“building” includes any house, hut, shed or roofed enclosure (whether used for the purpose of human habitation or otherwise) and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure or foundation connected to the foregoing;
“tenancy agreement” means an agreement, whether or not in writing and whether express or implied, under which a person lets, or licences for occupation, any land or building as a residence or place of business;
“tenant”, in relation to an owner of any land, means a person to whom the land is let, or licensed for occupation, by the owner of the land, under a tenancy agreement between the owner and that person.