When clients think about buying or improving a property, advertising is rarely the first thing on their mind, but for shopfronts, small businesses, and mixed‑use premises, Advertisement Control can influence what they can display, where they can display it, and whether consent is required at all.
This short guide breaks down the essentials your clients need to know, and what you should look for during conveyancing.
What Is Advertisement Control?
In England, the display of outdoor advertisements is governed by a standalone consent regime within the planning system. It sits separately from standard planning permission and is primarily concerned with two things: amenity and public safety.
The rules flow from the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, which set out what constitutes an “advertisement” and how consent is obtained. Under the statutory definition, an advertisement includes “any word, letter, model, sign, placard, board, notice, awning, blind, device or representation… whether illuminated or not” that’s used to advertise, announce, or direct.
In other words: if it communicates something visually for commercial or directional purposes, it’s probably an advert.
How Are Advertisements Controlled?
There are three categories of control:
1. Advertisements permitted without consent
Certain adverts are exempt under Schedule 1 of the Regulations, provided they meet standard conditions (clean, safe, owner’s permission, etc.).
2. Advertisements with deemed consent
Some types – including many shopfront signs, temporary notices and certain flags – benefit from deemed consent if they meet the stated criteria.
3. Advertisements requiring express consent
If the advert doesn’t fall into the first two categories, the owner must apply to the local planning authority for express consent. Decisions focus solely on visual amenity and public safety, not commercial content.
This lighter‑touch approach often surprises clients who assume they need full planning permission, when in reality the test is narrower and more specific.
Areas of Special Control of Advertisements
Some rural, scenic, and environmentally sensitive areas are designated as Areas of Special Control, where restrictions are tighter. These locations place more limits on advert size, height, illumination and format. ASCAs aim to protect landscape character by curbing visual clutter.
If your client is buying in or near a National Park, the Broads, or certain urban development areas, expect advertisement control to be stricter.
How Does This Show Up in Searches?
Land Charges within Regulated Search reports such as OneSearch Prime may reveal:
- Existing Advertisement Control Orders affecting the property
- Enforcement actions relating to unauthorised signage
- ASCAs covering the wider area
- Conditions attached to planning permissions limiting signage size, lighting or placement
Many enforcement cases relate to shopfronts, A‑boards, illuminated signs, and large fascia changes installed without consent.
Why It Matters for Your Clients
Small businesses, retail units, cafés, takeaways, salons and offices frequently plan new signage after completion. Advertisement control affects:
- Signage design and size
- Illumination and digital screens
- Projecting signs and fascia boards
- Temporary banners or promotional displays
- Flagpoles and branding (recently clarified and more flexible under flag‑related amendments to the Regulations)
A quick upfront explanation of what is and isn’t allowed can prevent disappointment later.
What Should Conveyancers Flag Early?
Here’s a simple checklist for clients buying or leasing a property:
- Is the property in an ASCA?
- Are existing signs lawful? (especially if illuminated or projecting)
- Has any enforcement action been taken or threatened?
- Does the client intend to rebrand, add illumination, or install digital screens?
- Do any old planning conditions restrict signage?
- Is express consent likely to be needed?
If uncertainty remains, signpost clients to the local planning authority’s guidance or the national GOV.UK advertisement guidance.
Advertisement Control is a focused but important part of planning that often sits below a buyer’s radar until it becomes a problem – usually when signage has already been ordered or installed. With a few quick checks during the transaction, conveyancers can help clients understand what’s allowed, what requires consent, and how local controls may shape their plans.
