An agent which has placed For Sale type signs, which are actually adverts for itself, in people’s gardens has been the subject of a complaint.
The local authority is now investigating the signs, put up by Smart Move in a possible breach of planning laws.
These say that agents can put up For Sale and To Let boards without planning permission, provided they follow certain rules, including that they must be removed within 14 days of a sale or let, should be of a certain size, and should be erected on the actual property that is for sale or to let and only erected with the owner’s consent.
Smart Move is adamant that there has been no breach of any legislation.
Steve Gibson told the local paper: “I have not been made aware of any complaint or investigation.
“We have gained people’s permission and have put the signs in several gardens.
“As far as we are concerned, they are the same size as a For Sale sign and you don’t need permission for them.”
The NAEA says it is a matter for local authorities. The authority in this particular case is South Ribble Council in Lancashire.
The issue looks black and white: businesses are surely not allowed to advertise themselves in this way. However …
As we are coming up to the spring and summer fete season, when we can expect to see a proliferation of estate agents boards to mark sponsorship of the event, we would be interested to know more. We used to report quite regularly of bans on promotional boards, but have not done so for years.
And what about all those places currently conducting anti-development campaigns via Not For Sale boards, which actually comply with regulations on size of boards but where the properties concerned are very clearly not for sale at all?
Or the NHS campaign which used estate agency style boards?
The problem is that most estate agency employees don’t know what the law is. They are the ones instructing the boards, not the business owners who most likely do know it inside out through experience and finding out early on in their career. There are laws governing the display of boards for promoting events too, such as placing boards for school fetes in local people’s gardens, etc. But that doesn’t mean you can simply put boards in people’s gardens advertising your own estate agency, whether the owner has given permission or not. See pages 11-16 here; https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11499/326679.pdf
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T&C planning Act may prove an issue here. The whole reason agents have ‘Sold STC’ boards was due to the fact a straight ‘SOLD’ board was not allowed unless an extension to a previous board which showed the property as ‘For Sale’ or ‘Under offer’. A straight ‘SOLD’ board where no previous board was displayed is an advert for the agent rather than the property – the same reason a board must be removed 14 days after completion.
Boards advertising school fetes have been allowed as they benefit the school rather than just the agency, however it’s at the discretion of the Local Authority.
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Back to the good old 80’s we used to call it “fly boarding”
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Well done to south ribble council for at least investigating it. Unfortunately so many local authorities just cant’t be bothered.
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Kirklees Council which is responsible for Huddersfield and Holmfirth are turning a blind eye to agents’ illegal signs – dotted all over the place at the ends of roads, often hundreds of yards for the houses for sale, often more than one sign in a front garden, fastened to lamp posts and street furniture etc
Even when challenged by the local MP they responded that they were not inclined to enforce the Town and Country Planning Act – does make them complicit in the flouting of the law of the land?
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It is true that you are not allowed to erect boards on peoples properties unless they are for sale by you and of course have the owners permission however you are not allowed to erect a board advertising you or a development on someones property that has nothing to do with you or said development and there is only discretion taken by the local authority as long as no member of the public complains or of course if the local authority don’t know their onions.
I believe it comes under ASA rulings that the local authority can enforce with a notice order and prosecution if non compliance within 7 days.
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Hi Property Paddy ….. A blast from my past ”fly boarding”
Every PMA test I had to complete twice a year from the late 80’s onwards, was the question What is meant by Fly Boarding?
27 Years later I still know the answer, knowledge is a wonderful thing !!!!
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