Article 1, Protocol 2

Protection of property 

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

This means that everyone has the right to the peaceful enjoyment of their possessions. A person has the right to use, develop, sell, destroy or deal with property in any way they please. Public authorities cannot usually take away a person’s property or possessions, or impose restrictions on the way in which they use them, except in specified limited circumstances.

Thus public authorities will only be able to deprive people of their property where there is a law allowing them to do so, and there is a good reason, in the public interest. A fair balance will require to be struck between the rights of individual property owners and the general public.

Possessions has a wide meaning and goes beyond personal property, including houses and leases, to include shares, goodwill in a business and some types of licenses.

What this means for local authorities

Local authorities must not deprive people of their property. Where they have a legal right to do so, any removal of property or interference with a person’s use of property must be justified and to the minimum extent necessary to protect the public interest. Officials who work in an area where they can deprive people of their property or possessions, such as those working in planning or licensing, must ensure they have an objective justification for any removal or interference, and should be able to give reasons.