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What happens if you receive a regulatory notice?

If you become involved in a civil dispute, you may receive – or have already received – a regulatory notice due to a breach of public law, such as planning regulations.

A regulatory notice is a type of legal notice which requires you to do something or stop doing something, although they differ from an injunction because they relate to public laws.

They typically arise after a local authority receives and investigates a complaint, such as repeated noise disturbances from a residence.

If you receive one, the first thing you need to know is what type you have received.

The types of regulatory notices

There are three types of regulatory notices which you are most likely to receive during a civil dispute, which are:

Abatement notices: These are served by a local authority to the owner or occupier of a property and orders the remedy of a specific ‘nuisance’, such as excessive noise, a strong, unpleasant odour or improper waste management.
Improvement notices: You might receive an improvement notice if a property you own does not comply with the relevant standards such as health and safety regulations, and you will be required to rectify this.
Enforcement notices: A local authority might issue one of these if an owner or developer has used land without the correct permissions or has contravened planning regulations.

Since they relate to breaches of civil law, failure to comply with a regulatory notice does not typically carry a custodial sentence – but it can result in substantial financial penalties or court-ordered compensation.

What happens when you receive one?

Lorraine Walker, Litigation and Dispute Resolution Solicitor, said: “Often, the easiest way to resolve a dispute involving a regulatory notice is to comply with the order. You may need to seek additional support, such as financial help to make repairs.

“However, we understand that civil disputes are not always straightforward.”

If you need to challenge a regulatory notice, you can make an appeal to the authority which issued it. For example, enforcement notices are appealed through the Planning Inspectorate.

She concluded: “We can advise you on your legal position and help you to gather evidence that you are within your rights to act, or not act, on an issue.

“Typically, you will need to do this before the notice expires or you will be deemed non-compliant with the order.”

Our Civil Disputes team can advise you on regulatory notices and your next steps to resolving a dispute under civil law.