The Infrastructure Planning (Rights of Entry Notice) Regulations 2026

Published: Mon 6th Jul 26

These Regulations prescribe the specific information and documentation that an authorized person must include in a notice of entry provided to owners and occupiers of land.

The requirements apply to land entry sought under section 53 of the Planning Act 2008 for surveying, taking levels, or ensuring compliance related to nationally significant infrastructure projects.

The Regulations mandate the inclusion of details regarding the purpose of entry, the specific dates and times planned, information regarding the recipient's legal rights, and warnings concerning the consequences of obstruction.

Arguments For

The Regulations provide a standardized framework for the information that must be provided to landowners and occupiers before an authorized person enters land for infrastructure surveys.
The document states that including details such as the purpose of entry, specific dates, and the legal basis for entry ensures transparency for affected parties.
Proponents may argue that the requirement for authorized persons to provide evidence of contact attempts protects occupiers from unexpected intrusions.
The Explanatory Note states that no significant impact on the private, voluntary, or public sector is foreseen, suggesting the administrative burden is considered proportionate to the objective.

Arguments Against

Legal scholars might note that the regulations facilitate the use of force via warrants if entry is obstructed, which could be perceived as a significant interference with private property rights.
Affected landowners may argue that the 14-day notice period, while specified in the parent Act, remains a relatively short window to prepare for or contest a physical entry onto their property.
Civil liberties organizations might question the breadth of the power to enter land for "proposed applications" where a formal infrastructure project has not yet been approved.
The lack of a full impact assessment could be criticized by stakeholders who believe the cumulative effect of these entry powers on agricultural or commercial operations was not fully quantified.

Citation, commencement and extent

-(1) These Regulations may be cited as the Infrastructure Planning (Rights of Entry Notice) Regulations 2026 and come into force on 24th July 2026.

(2) These Regulations extend to England and Wales and (subject to paragraph (3)) to Scotland.
(3) These Regulations extend to Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline-

(a) one end of which is in England or Wales, and
(b) the other end of which is in Scotland.

This section establishes the official title of the instrument and sets the date of July 24, 2026, for it to take legal effect.

It specifies the geographic jurisdiction, applying primarily to England and Wales.

It applies to Scotland only in the limited context of cross-border oil or gas pipelines that begin or end in England or Wales.

Interpretation

In these Regulations-

'the Act' means the Planning Act 2008;

'development consent' means consent required for development to the extent that it is or forms part of a nationally significant infrastructure project in accordance with section 31 of the Act( 2 );

'the relevant land' means the land which it is proposed will be subject to entry in exercise of the right under section 53(1) of the Act-

(a) for the purposes of surveying and taking levels of it, or
(b) in order to facilitate compliance with the provisions mentioned in section 53(1A) of the Act( 3 );

'the rights of entry notice' means a notice given to the owner or occupier of the relevant land in accordance with section 53(4)(b) of the Act.

This section defines the key legal terms used throughout the document to ensure consistent application of the rules.

It clarifies that 'relevant land' refers to property targeted for entry to conduct surveys or to comply with statutory environmental and planning requirements.

It also tethers these regulations to the overarching framework of the Planning Act 2008 and the concept of development consent for large-scale projects.

Rights of entry notice: Prescribed information

-(1) The rights of entry notice must include-

(a) the name and address (including any number or address used for the purposes of electronic transmission) of the authorised person( 4 );
(b) a description of the relevant land;
(c) a statement that the entry is required in connection with-
(i) an application for an order granting development consent, whether in relation to the relevant land or any other land, that has been accepted by the Secretary of State,
(ii) a proposed application for an order granting development consent, or
(iii) an order granting development consent that includes provision authorising the compulsory acquisition of the relevant land or of an interest in it or a right over it;
(d) where an application for an order granting development consent has been accepted, the date the application was accepted and reference number of the application;
(e) where an order has been made granting development consent-
(i) the date the order was made,
(ii) any Statutory Instrument number, and
(iii) the provision in that order authorising the compulsory acquisition of the relevant land;
(f) where the entry is in connection with a proposed application, a statement with evidence showing that the proposed applicant intends to apply for an order granting development consent;
(g) a statement that the entry is in accordance with section 53(1) of the Act( 5 );
(h) details of the dates, times and duration of any entry;
(i) a statement that the authorised person has taken reasonable steps to contact the owner or occupier of the relevant land;
(j) a statement of the recipient's rights under section 53(7) of the Act;
(k) a statement that it is an offence to wilfully obstruct a person acting in the exercise of the rights under section 53(1) of the Act;
(l) a statement that a justice of the peace may issue a warrant authorising a person to use force to exercise the rights under section 53(1) of the Act, if satisfied-
(i) that another person has prevented or is likely to prevent the exercise of that power, and
(ii) that it is reasonable to use force in the exercise of that power.
(2) The rights of entry notice must be accompanied by-
(a) where applicable, a copy of the order granting development consent;
(b) a plan showing the relevant land, including points of entry;
(c) where applicable, a copy of any warrant obtained under section 53(4B) of the Act( 6 );
(d) evidence showing that the authorised person has taken reasonable steps to contact the owner or occupier of the relevant land.

This section lists the specific mandatory items that must be contained within a notice given to a landowner or occupier.

Every notice must include the identity of the person entering, the legal justification for the entry, specific timing for the visit, and a warning that obstruction is a criminal offense.

It also requires the notice to be accompanied by practical documents, such as a map of entry points and evidence of prior attempts to communicate with the landholder.

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