Resource Article

Ticking the Right Boxes: the Legal Side of Outdoor Signage

We love helping you express your visual brand and creativity through your business’s signage.

But no matter how good looking it is, you mustn’t forget to check off your legal obligations when it comes to signage and advertisements.

Here are five things you should bear in mind:

1. Advertisement Consent Covers a Wide Range of Outdoor Signs

The good news is that the advertisement regulations consider their effect on amenity and public safety only, so the regime is lighter touch than the planning system.

There are three different groups of outdoor advertisements. Depending which class your sign falls into, you may need the planning authority’s permission to display it.

The regime covers a very wide range of advertisements, including:

  • Fascia signs and projecting signs
  • Totem, or pole, signs
  • Flag advertisements
  • Posters and notices
  • Canopy signs
  • Placards and boards

2. Some Outdoor Signs Benefit from Deemed Consent but Some Need Express Permission

Some signs (like adverts on enclosed land like a railway station forecourt, or on a moving vehicle) are excluded from local authority control.

But many signs do require some element of consent.

There are 14 classes of advertisement which benefit from “deemed consent” if they fall within certain rules, meaning you can side step the process of seeking permission. Needless to say, there are too many to mention here, but the most common examples we come across are:

  • Building identification signs displaying a business’s name
  • Hoardings around construction sites
  • Directional advertisements
  • Advertisements displayed on purpose-designed highway structures
  • Flags
  • Advertisements on the forecourt of a business

With all these examples (and others) the regulations stipulate limits to the size, positioning, height of lettering, length of time displayed, illumination and more, if they are to fall within “deemed consent” allowances

Any signs which fall outside of the deemed consent allowances will require “express consent”.

3. Some Areas Have Stricter Rules

Planning authorities can place additional restrictions through designating areas of special control. In some cases, the allowances for deemed consent are tighter, eg permitting only smaller sizes.

In some areas, the regulations state that deemed consent rules do not apply. Conservation areas, National Parks and Areas of Outstanding Natural Beauty are examples of this.

4. Some Rules Apply to All Outdoor Advertisements

Whatever hoops you’ve had to jump through to get your sign all tidy legally speaking, the advertisement regulations require you to keep it tidy – literally. All signs must:

  • Be kept clean and tidy
  • Be kept safe
  • Have the land owner’s permission
  • Not obscure the highway (or other passing route)
  • Be removed carefully if required to do so by the local planning authority

5. Some Signs Need Planning Permission Instead

Depending on the location and size of the hoarding, you may need to obtain planning permission from the local planning authority. This is particularly important for larger hoardings or those placed in sensitive areas, such as near historic sites.

Whatever your project, big or small, you may need to box off advertisement consent or other legislative requirements. As you can quickly see, the rules surrounding advertisement regulations are complex. This blog post gives an overview of the legal status but doesn’t cover every eventuality.

If you need advice on whether your sign needs advertisement consent, get in touch. We understand the regulations and can advise you on what process you need to follow and can manage the process for you too.