Article 8 Enforcement notices

England and Wales

(1)

If a developer breaches the requirement for approval, the approving body may give a notice to the developer requiring the developer to take steps to remedy the breach (“an enforcement notice”).

(2)

An enforcement notice may be given at any time before a drainage system for the construction work is adopted but not later than 4 years after the breach occurs.

(3)

An enforcement notice must be in writing and must specify—

(a)

the construction area to which the notice relates,

(b)

details of the breach,

(c)

the steps which the developer must take to remedy the breach,

(d)

the date by which the steps must be taken,

(e)

rights of appeal, including the time limit for making an appeal, and

(f)

the consequences of non-compliance with the notice.

(4)

An enforcement notice must not require the developer to take any steps until at least 4 weeks after the date on which the notice is given.

(5)

An approving body may at any time by written notice to a developer—

(a)

withdraw an enforcement notice, giving reasons, or

(b)

vary an enforcement notice by—

(i)

reducing the amount of work necessary to comply with the notice, or

(ii)

extending the time for taking any step specified in the notice.