Advertisement consent and sign permits for business signs

Before a new sign goes up, someone has to check whether it needs permission. In England that means advertisement consent under the planning system; in most US cities it means a sign permit from the building or zoning department. Getting it wrong can mean a fine, a sign that has to come down, or weeks of delay to an opening date. This guide explains how the two systems work, which signs usually need an application, and how to plan the timing. It is general guidance, not legal advice: the local authority has the final word.

England: advertisement consent

Signs are controlled separately from planning permission for building work, under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. Government guidance says the regime looks only at two things, a sign’s effect on amenity and on public safety, which makes it lighter-touch than full planning permission. Scotland, Wales and Northern Ireland have their own rules, so check with the local council there.

The guidance sets out three categories:

• Signs that need no consent at all. Nine classes (A to I) in Schedule 1 of the Regulations, provided they meet the conditions for their class.
• Signs with “deemed consent”. Sixteen classes in Schedule 3 that do not need an application as long as they meet each class’s limits on size, position and lighting. Councils can restrict deemed consent in particular areas.
• Signs that need express consent. Everything else, which needs an application to the local planning authority.

Which shop and business signs usually need an application

As a rule of thumb, the Planning Portal says you may need advertisement consent for a sign bigger than 0.3 square metres on the front of, or outside, a property, or for a sign of any size if it is illuminated. It lists the types that usually need consent, including the majority of illuminated signs, and signs positioned above 4.6 metres, above the level of the bottom of first-floor windows, or on gable ends. Temporary notices up to 0.6 square metres about local events, and estate agents’ boards generally no bigger than 0.5 square metres, have their own allowances.

Two situations need extra care. On or near a listed building, even a sign that would normally be allowed can need separate listed building consent. And pavement A-boards in streets closed to vehicles need express advertisement consent plus the council’s permission under the Highways Act 1980.

Rules that apply to every sign

Whether or not consent is needed, every advertisement in England must meet five standard conditions: it needs the site owner’s permission; it must not obscure or confuse road, rail, waterway or aircraft signs; it must be kept in a condition that does not harm visual amenity; any structure must be kept safe; and if it is removed, the site must be left safe and tidy.

Timing, duration and penalties

• A decision on an application for express consent must be given within eight weeks unless the applicant agrees to longer.
• Consent usually lasts five years; after that, unless a condition says otherwise, the sign can normally stay up under deemed consent.
• If consent is refused, there is a right of appeal to the Secretary of State.
• Displaying a sign without the consent it needs is a criminal offence. The maximum fine on conviction is £2,500, with a further daily fine of up to £250 while the sign stays up.

The Planning Portal has a fee calculator for applications. When budgeting, also allow for drawings and photomontages that the council may ask for, and for the time it takes your sign maker to prepare them.

United States: sign permits

There is no national sign permit in the US. Each city or county sets its own rules through its zoning and building codes, and most commercial signs need a permit. Two city examples show the common pattern:

• Chicago. The Department of Buildings says a sign permit is generally required to place a sign on land, a building, a structure or a place of business. The zoning review fee is $200 for an on-premise sign and $500 for an off-premise sign, with a separate building review fee based on the sign’s area that rises to $1,000 for signs of 500 square feet or more. Any electrical work must be done by a registered electrical contractor named on the application.
• San Antonio. The city’s Development Services Department says all freestanding signs, any electric sign, and any sign over 32 square feet on a building or fence need a sign plan review and permit. Some sign types, such as feather signs, are not allowed and carry violation fees.

Common threads are a zoning check (size, height, position and number of signs allowed for the property), a building or structural check for anything freestanding or heavy, and an electrical permit for lit signs. For lit signs, ask your sign maker which electrical certification its signs carry and who will pull the electrical permit.

How to keep the process smooth

1. Ask about permission at the first quote. A good sign company will tell you whether your design is likely to need consent or a permit and whether it will handle the application. Some, such as Lavastar in Surrey and Century Signs & Awnings in British Columbia, list planning or permit applications among their services.
2. Check the property first. Find out whether the building is listed, in a conservation area or in an area where deemed consent is restricted, and whether your lease or landlord has its own signage rules.
3. Design to the limits where you can. Small changes, such as external trough lighting instead of an internally lit box, or a lower mounting height, can move a sign into a simpler category. Your sign maker or the council’s planning officer can advise.
4. Build the timeline backwards. In England allow eight weeks for a decision plus manufacture and installation; in a US city allow for zoning, building and electrical review before fabrication starts.
5. Keep the paperwork. File the consent or permit with your property records; you may need it when the sign is replaced or the site changes hands.

For specialist help, our design, consultancy and trade services page lists consultants, and our sign companies page lists makers that handle applications as part of the job.

Sources

• GOV.UK (Ministry of Housing, Communities and Local Government), Advertisements guidance, last updated 22 July 2019.
• Planning Portal, Adverts and signs and Advertisement consent.
• Town and Country Planning (Control of Advertisements) (England) Regulations 2007, legislation.gov.uk.
• City of Chicago Department of Buildings, Sign permits.
• City of San Antonio Development Services, Sign and billboard permits.