How to request a land interests notice to find out who has an interest in the land for a project.
Contents
Section 28 of the Infrastructure (Wales) Act 2024 lets an applicant find out who has an interest in the land that could be affected by the development.
Why applicants need this information
At pre-application stage, applicants may need information from people who have an interest in the land that could be affected by the project. This is required to meet statutory pre-application procedures.
These people include:
- an owner, lessee, tenant or occupier of the land
- anyone with a legal interest in the land
- a person with power to sell and convey the land, or to release the land
- anyone who might be entitled to claim compensation if consent is granted and the order is fully implemented
If the application asks to authorise compulsory acquisition, the applicant must notify the Welsh Ministers of people who have interests in land or rights over land. The notice must list the names of all affected persons.
What is a land interests notice?
A ‘land interests notice’ is a written notice authorised by Welsh Ministers under section 28 of the Infrastructure (Wales) Act 2024. It requires the recipient to give the applicant the name and address of any person who has an interest in the land. Not complying with the notice is an offence.
Applicants must act reasonably (following the steps set out below) when trying to get information about interests in the land from persons or organisations. If an applicant believes information has been unreasonably refused, they may ask the Welsh Ministers for authorisation to serve a land interests notice. A request for the notice is subject to a fee: Fees for significant infrastructure project (SIP) applications | GOV.WALES
After the Welsh Ministers receive a request and the fee, they will decide whether to authorise service of a land interest notice. They will aim to decide within 3 months of receipt, but some cases may take longer.
How the process works
The process for making a request is set out below.
Seeking information on land interests
Applicants should only submit a request for a land interest notice if they have made reasonable attempts when trying to get information about interests in the land.
Once reasonable attempts have been made, before submitting a request, applicants should:
- inform each proposed recipient that they intend to seek a land interest notice from the Welsh Ministers.
- give recipients a final chance to provide the information directly to the applicant.
Applicants are advised to contact the Welsh Ministers at InfrastructureConsenting@gov.wales before making a request. This allows applicants to get advice on procedural matters and to confirm what information and evidence the Welsh Ministers require.
When to submit a request
A request must only be submitted to the Welsh Ministers in circumstances when the applicant has acted reasonably in trying to obtain access to the land.
How to submit a request
Requests for land interest notices must include the appropriate fee. Requests will not be considered without payment. If a fee has been paid, it will not be refunded if the request is withdrawn.
Each request should include evidence of the actions the applicant has taken to identify the proposed recipients of a land interest notice. Evidence may include:
- copies of written correspondence
- minutes of meetings or telephone conversations
- copies of newspaper or site notices
There is no standard application form. However, the Welsh Ministers expect the information set out in Annex A and B (below) to be submitted with each authorisation request.
Submit requests to InfrastructureConsenting@gov.wales
How a request is processed
The documents will be published on the Welsh Government website once the Welsh Ministers receive:
- a request that includes the required evidence
- confirmation that the fee has been paid
What consultation is undertaken
The Welsh Ministers will notify each proposed recipient that a land interest notice has been received. They will set a deadline for comments.
How to respond to a consultation
Comments that are relevant to the application include:
- whether the information in the applicant’s request is accurate
- explain the reasons for refusing to provide the applicant with relevant information
- give views on the proposed duration of the authorisation.
Submissions should be supported by evidence. This may include written correspondence, minutes of meetings or records of telephone conversations.
How a decision is made
The Welsh Ministers’ decision will be informed by:
- the evidence submitted by the applicant
- any comments from the proposed recipient.
The decision will be issued to the applicant and proposed recipient. It will also be published on the Welsh Government’s website.
Serving a land interests notice
If the Welsh Ministers authorise the applicant to serve a land interests notice, the notice must meet the requirements in Regulation 7 of the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025.
The notice must:
- be served in writing.
- contain a statement that the applicant is authorised by the Welsh Ministers to serve the notice.
- identify the land to which the notice relates.
- specify the date by which a response is to be provided to the applicant, which must be at least 15 days after the day on which the notice is served on the recipient.
- state the effect of section 28(6) to (8) of the 2024 Act (offences of failing without reasonable excuse to comply with a notice under section 28(2) or (3) and of giving false information).
Annex A: Section 28 “Obtaining information about interests in land”
Information requested from applicants:
- Contact details of applicant/agent.
- Description of SIP project.
- Detailed explanation of why authorisation to obtain interests in land is required.
- A location plan showing the extent of development works and ownership details (including identification of land under the control of the applicant and the land on which information relating to land interests is sought).
- The location plan should clearly identify the boundaries of both registered and unregistered land. Both registered and unregistered land should be given a land parcel reference.
- Up-to-date official copies of any relevant Land Registry documents.
- For unregistered land, an up-to-date copy of the result of the Land Registry search.
- Evidence of the actions undertaken by the applicant to identify the proposed recipients of a land interest notice. This should include evidence applicant has informed the proposed recipient that they intend to seek a land interest notice from the Welsh Ministers.
- Justification for the length of time for which authorisation is sought.
- Payment of application fee.
- Details set out in annex B.
Annex B
- Land Parcel Reference (as shown on the location plan)
- Name and address of proposed recipient
- Interest of proposed recipient, as set out in section 28 of the Infrastructure (Wales) Act 2024
- Registered Land: Registered title number and description of land by reference to the boundary and any physical features
- Unregistered land: OS grid reference and description of land by reference to the boundary and any physical features
- Evidence of the applicant’s reasonable efforts to obtain information
- Reasons for the request, with reference to sections 29, 30 and 64 to 72 of the Infrastructure (Wales) Act 2024
