Regulation 9 Powers of entryI1
England and Wales
Subject to paragraph (2), an enforcement officer may, at any reasonable time and without prior notice, enter premises which the enforcement officer has reason to suspect it is necessary to enter for an authorised purpose.
Where any of the conditions in paragraph (3) apply, any entry onto those premises by virtue of paragraph (1) may be effected only under the authority of a warrant granted by a justice of the peace.
If a justice of the peace, on sworn information in writing, is satisfied—
that there are reasonable grounds to enter any premises in exercise of the power in paragraph (1), and
that any of the conditions in paragraph (4) are met,
the justice of the peace may by warrant authorise an enforcement officer to enter the premises, if need be by reasonable force.
The conditions mentioned in paragraph (3) are—
entry has been refused,
the enforcement officer apprehends on reasonable grounds that entry is likely to be refused,
the premises are unoccupied,
the occupier is temporarily absent from the premises and the case is one of urgency, or
an application to enter the premises would defeat the object of the proposed entry.
A warrant granted under paragraph (3) continues in force until the end of the period of 28 days beginning with the date it was issued.
An enforcement officer must, if leaving the premises at a time where no owner or occupier is present, leave it as effectively secured against trespassers as the enforcement officer found it.
This regulation does not apply to residential premises.
For the purposes of this regulation, “residential premises” means premises, or any part of premises, used wholly or mainly as a dwelling.