Is it just me or are there others who feel that the FOR SALE boards and Fly Posting Banners in our beautiful village look unsightly? Below are the rules associated with my question.
Rules and Regulations for the Display of Estate Agent Boards from gov.uk site.
The Town and Country Planning (Control of Advertisements) Regulations 2007 governs the display of advertising. The display of estate agent boards is controlled by Class 3 of Schedule 3 of the regulations, which relates to “An advertisement relating to the sale or letting, for residential, agricultural, industrial or commercial use or development for such use, of the land or premises on which it is displayed”. The display of Estate Agents Boards has express consent and, generally, does not need permission
The salient points of the legislation relating to For Sale/Sold and To Let/Let By and other boards advertising the availability of properties for sale or to let are;
- Boards may be displayed only on, or within the curtilage of, the property to which they relate. Boards displayed elsewhere (e.g. on the Highway or attached to street furniture) are unauthorised.
- Only one board is permitted per property and the first to be displayed is taken to be the one permitted (i.e. all other boards are unauthorised). However, in cases where a property comprises flats, Reading Borough Council will allow one board per flat to be displayed provided that each board clearly identifies the relevant flat.
- Boards indicating that a property has been sold or let must be removed within 14 days of the date of completion of the sale or the signing of a tenancy agreement.
- Maximum height of the highest part of the advertisement is 4.6m above ground level or 3.6m in a Conservation Area.
Boards which do not comply with the above, including other types of board (e.g. ‘Managed By’ boards) and boards displayed on properties that are not currently available for sale or to let, are unauthorised and their display constitutes an immediate criminal offence.
In addition to the above, in order to limit the harm caused to amenity by the high number of ‘To Let’ and ‘Let By’ boards that have been displayed in various parts of the Borough, Reading Borough Council has sought a voluntary agreement with the majority of local estate agents that boards in connection with the letting of residential properties will not be displayed in those parts of the Borough. The display of For Sale and Sold boards is not affected.
Fly-posting is displaying adverts and other promotional materials without permission, on buildings, posts, poles, litter bins and elsewhere in public. Fly-posting is mainly done by businesses and community groups that want free advertising. Many local councils have a ‘zero tolerance’ policy on fly-posting.
In England/Wales, fly-posting is illegal (in certain circumstances) under the Highways Act 1980 and the Town and Country Planning Act 1990. Offences under the 1980 Act include that of obliterating a traffic sign, while under the 1990 Act it is an offence to display an advertisement in a way that breaches specified regulations. Legal measures to prevent fly-posting include:
- On-the-spot fines of up to £80
- Use of fixed penalty notices
- Prosecution in a magistrates’ court
- Special powers to tackle Anti-Social Behaviour
- Charging the offender for the cost of removing the posters
Scotland has similar provisions under the Roads (Scotland) Act 1984 and the Town and Country Planning (Scotland) Act 1997. The only sanction is prosecution before a sheriff, who can impose a fine of up to £1000 and, if the offence is under the 1997 Act and continues after conviction, an additional fine of up to £100 per day.
Visit the Law Search page for full details.