Flying the flag - its classed as an "Advert" ODPM Confirms

Letter dated 1.12.2005.

From Office of the Prime Minister.

Under the Town and Country Planning Act 1990 flags come within the definition of “advertisement”.
Their display is controlled by the Town and Country Planning (Control of Advertisements) Regulations 1992.

Under the Regulations displaying the national flag of any country is not subject to advertisement control as long as it is displayed on a single vertical flagstaff and neither the flag nor the flagstaff display any advertisement additional to the design of the flag.

When new Advertisement Control Regulations are introduced in 2006, any country’s national flag, however they are flown, as well as the European Union flag may be flown without having to apply for permission provided nothing is added to the flag.
At present the European Union flag may be flown provided express consent to fly the flag has been given by the local planning authority.

Local planning authorities have day-to-day responsibility for the operation of the advertisement control system and it is therefore a matter for the relevant authority to determine whether the European union flag can be flown from a building and whether they consider it necessary to take enforcement action.