Commentary on Sections Offences Section 106 – Powers to enter land for enforcement purposes
277.This section allows a person authorised by a relevant planning authority or the Welsh Ministers to enter land for the purposes of assessing whether an offence under section 103 or section 104 is being or has been committed. This power may be exercised at any reasonable time and only if there are reasonable grounds for entering the land for the purpose in question.
278.Where a person is authorised to enter land, they must produce evidence of their authorisation to do so and the purpose of entry (if requested) and may take on to the land any other persons considered necessary. They must also leave the land effectively secured against trespassers if they leave when no owner or occupier is present.
279.This section also specifies a person authorised to enter land may not demand entry to a building which is used as a dwelling unless 24 hours’ notice of the intended entry is given to every occupier of the building.