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Published 25 September 2017
Off-site tenants occasionally advertise their own business, or seek to maximise their income, by granting advertising rights affecting their demise. When granting a lease of such property make sure your tenant is required to comply with the advertising controls in the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 ("the Regulations"), and not just the planning controls in the Town and Country Planning Act 1990. The display of advertisements is subject to a separate consent process, which is assessed by reference to their effect on amenity and public safety.
If your tenant does not comply with the Regulations then there are several enforcement options available to the local authority; one of which is prosecution. Owners of property (and owner is defined as someone entitled to receive the rent) may also be prosecuted if they do not take reasonable steps to secure the removal of unauthorised adverts. In view of this, it is essential not only to weave protection into your lease to require compliance with the Regulations, but also to provide you with the necessary rights to ensure removal of any unauthorised advertisements.
London - Walbrook
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Anne Crofts, Andrea Proudlock