DISCLAIMER:
This duty is currently under review and has not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.
Simple terms explainer
Councils are responsible for making sure that development takes place legally and in line with national and local planning policies. When building or land‑use changes are carried out without planning permission, or when approved developments fail to comply with their conditions, the council can investigate and take enforcement action. This includes issuing an enforcement notice, which sets out what the landowner must do to remedy the breach and specifies a timeframe for compliance. Councils also have a range of additional enforcement powers they may use when appropriate. These include stop notices and temporary stop notices to halt unauthorised work, breach of condition notices to address non‑compliance with planning conditions, fixed penalty notices as an alternative to prosecution, and court action such as applying for an interdict to prevent or stop serious or repeated breaches. Councils must consider whether any action taken is proportionate, necessary, and in the public interest, and they are not legally required to act on every breach. To support transparency, councils must also publish a Planning Enforcement Charter, which explains how they will investigate complaints and what the public can expect.
Legal status
Discretionary
Duty category
Planning
Duty type
Public facing
Social determinant of health
Neighbourhood and environment
Emerging policy and legislation
1
National bodies with shared interest
Heads of Planning Scotland (HOPS)
Standards and frameworks
1