Eviction of Gypsies and Travellers from their own land
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you are a Gypsy/Traveller and you set up a site on your own land, you will probably need to get planning permission and a site licence from the council. If you don’t have the necessary permissions, you could be evicted.
What can the council do if I don't have planning permission?
If you don't get the necessary permissions, the local planning authority (usually the council) can serve an enforcement notice, a stop notice, or seek an injunction from a court ordering you to leave. Before serving either form of notice or seeking an injunction, the council has the right to send an officer to visit your camp to see whether you have broken any planning laws. You must not try to stop this officer coming onto your land, as it could be a criminal offence to do so if they have a warrant, and you could also be fined.
Councils are required to take account of Government guidance before taking any form of enforcement action against Gypsies and Travellers. Importantly, they are advised to explore whether it might be possible to allow the land to continue to be used as a site, perhaps with alterations to its current use where it is possible to do so without adverse effects to the local area and people.
Before serving a notice, the council must also:
- take your human rights into account (in particular, your right to respect for private and family life)
- ensure that they're not discriminating against you because you are a Gypsy/Traveller
- show that the action they are taking is necessary to protect the rights of other people in the community.
Can I appeal?
If the council sends you an enforcement notice, you have the right to appeal against it. If you are served with a stop notice, it may be possible to challenge the notice at court. If the council seek an injunction from court, you will be informed of the date of the court hearing and will be entitled to attend and speak, or be represented, on the day. For help and advice, contact a local advice centre, a solicitor or a planning law expert, such as Planning Aid who can offer free advice on planning issues.
What if I don't move on?
If your appeal fails but you still don't move, the council has the power to remove your caravan or mobile home. If this happens, the council may attempt to force you to pay for any expenses involved. You may also face a fine and even imprisonment for up to two years, as refusing to comply with an enforcement notice is a criminal offence.
