It all depends on how large the sign is and whether it is illuminated or a simple temporary banner. Illuminated signs may need permission, no matter how small they are. If you want to display an advertisement on the front of your property larger than 0.3sq metres, then you might need to apply for advertisement consent.
What if it is only temporary?
If you are putting on a local event such as a fair or street party, you can put up temporary signage up to 0.6sq metres without needing permission. Selling your house? Then ensure your estate agent’s board is no bigger than 0.5sq metres. Temporary signage should only be up for a short time. If they are up for a prolonged period, then you might find yourself on the wrong end of a fine.
Complying with advertisement permission
If you plan to erect signage outside your business, you must ensure it meets certain criteria. There are five ‘standard conditions’ that all professional advertising boards and business signs must meet:
- It must be kept clean. If your sign starts to look dirty and tatty, you may be asked to take it down or replace it.
- It must be in a safe condition – damaged signs pose a risk to the public, especially if they are large and heavy. Check regularly that your sign is safe and secure, or you could end up with a visit from the Health and Safety Executive or a council representative.
- It must have permission from the landowner to be there – this includes the Highways Agency if signage is being displayed at the side of the road on Highways Agency land.
- It must not block or hinder the interpretation of other signs, such as road, rail, waterway or aircraft signs, or make it hazardous to use these forms of transport within the vicinity of the sign.
- It must be removed if the planning authority withdraws permission for the sign.
Advertising that does not need permission
Not all advertising needs permission. Many signs can be erected without the need for consent, including:
- advertisements on enclosed land;
- advertisements on moving vehicles;
- advertisements which are an integral part of the building’s fabric;
- advertisements displayed on items such as petrol pumps or vending machines; and
- advertisements displayed inside a building.
Certain conditions still apply to these types of advertisements and signs, including the size of the lettering, what goods or services they advertise, and whether the signage is illuminated.
You will probably need permission for adverts on the gable ends of buildings, some fascia signs and those that project out (where the top edge is more than 4.6m above ground level).
It is usually advisable to check before you put up an advertising board, sign or even a temporary poster.
Speak to commercial real estate partner John Gillette for more information.
Note: This is not legal advice; it is intended to provide information of general interest about current legal issues.