England and Wales · Civil enforcement
When must notice of the sale of controlled goods be given?
Regulation 38(1) ordinarily requires seven clear days notice of the sale’s date, time and place, subject to its nature-of-goods exception.
- Period
- At least seven clear days before ordinary sale
- Trigger
- Actual intended sale date for the identified controlled goods
- Rule
- TCG Regulations 2013, regs 2, 38–40
Official Justice UK CPR text and legislation.gov.uk statutory XML retained on October 9, 2026. The retained source metadata and acquisition receipts identify each edition. No claim of later amendments or actual local court opening is made. Taking Control of Goods text includes the May 1, 2026 changes made by SI 2026/366. Earlier notice-giving regimes require separate review.
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When must notice of the sale of controlled goods be given?
Regulation 38(1) ordinarily requires seven clear days notice of the sale’s date, time and place, subject to its nature-of-goods exception.
Responsible actor. The enforcement agent giving the prescribed sale notice.
Actual intended sale date for the identified controlled goods.
The notice supplies the sale date, time and place. Establish the goods and the debtor or co-owner recipients rather than treating a listing or advertisement as the prescribed notice.
The notice supplies the sale date, time and place. Establish the goods and the debtor or co-owner recipients rather than treating a listing or advertisement as the prescribed notice.
TCG Regulations 2013, regs 2, 38–40How does this provision count time?
- Leave seven complete dates between effective notice and sale under regulation 2’s clear-day definition. Do not import regulation 6 or 25’s special Sunday-only exclusions.
- A closed court office does not extend statutory notice to the sale recipients. The actual permitted giving method and the sale’s actual scheduled day remain material.
Leave seven complete dates between effective notice and sale under regulation 2’s clear-day definition. Do not import regulation 6 or 25’s special Sunday-only exclusions.
A closed court office does not extend statutory notice to the sale recipients. The actual permitted giving method and the sale’s actual scheduled day remain material.
TCG Regulations 2013, regs 2, 38–40What do independently checked examples show?
Fictitious example
The enforcement agent giving the prescribed sale notice. The actual proposed event is Tuesday, December 1, 2026. The 7 intervening calendar dates run from Tuesday, November 24, 2026 through Monday, November 30, 2026. Exclude notice day and event day. Latest ordinary notice is Monday, November 23, 2026. Additional fictitious established facts. Established notice method. personal. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The enforcement agent giving the prescribed sale notice. The actual proposed event is Tuesday, December 1, 2026. The 7 intervening calendar dates run from Tuesday, November 24, 2026 through Monday, November 30, 2026. Exclude notice day and event day. Latest ordinary notice is Monday, November 23, 2026. Additional fictitious established facts. Established notice method. personal. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The actual proposed event is Tuesday, December 1, 2026. The 7 intervening calendar dates run from Tuesday, November 24, 2026 through Monday, November 30, 2026. Exclude notice day and event day. Latest ordinary notice is Monday, November 23, 2026. | Monday, November 23, 2026 |
| Example 2. Closed-day boundary | The enforcement agent giving the prescribed sale notice. The proposed event is Tuesday, December 29, 2026, after the Christmas bank holidays in the retained calendar. The period exceeds five days, so interior weekends and holidays count. The source notice endpoint is Monday, December 21, 2026; this does not establish that the proposed execution or sale is otherwise lawful on a bank holiday. Additional fictitious established facts. Established notice method. personal. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The proposed event is Tuesday, December 29, 2026, after the Christmas bank holidays in the retained calendar. The period exceeds five days, so interior weekends and holidays count. The source notice endpoint is Monday, December 21, 2026; this does not establish that the proposed execution or sale is otherwise lawful on a bank holiday. | Monday, December 21, 2026 |
| Example 3. Material procedural branch | The enforcement agent giving the prescribed sale notice. The property to be sold consists of securities. The Part 3 non-securities sale-notice model does not establish this procedure. Additional fictitious established facts. Established notice method. personal. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The property to be sold consists of securities. The Part 3 non-securities sale-notice model does not establish this procedure. | The Part 3 non-securities sale-notice model does not establish this procedure. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Identified actor and operative event
- The notice supplies the sale date, time and place. Establish the goods and the debtor or co-owner recipients rather than treating a listing or advertisement as the prescribed notice.
- Provision-specific counting and closure
- Leave seven complete dates between effective notice and sale under regulation 2’s clear-day definition. Do not import regulation 6 or 25’s special Sunday-only exclusions. A closed court office does not extend statutory notice to the sale recipients. The actual permitted giving method and the sale’s actual scheduled day remain material.
- Required completion and separate procedural route
- Paragraph (2) allows day-before notice only when the stated goods-saleability or value-loss conditions apply. A changed sale can also engage the prescribed further-notice contents under regulation 39.
- The notice supplies the sale date, time and place. Establish the goods and the debtor or co-owner recipients rather than treating a listing or advertisement as the prescribed notice.
- The separate regulation 37 period starts when goods are removed for sale. Both the removal waiting period and the notice period can constrain the same sale.
What must the responsible actor complete?
Questions about this procedure
When must notice of the sale of controlled goods be given?
Can the removal date replace the effective sale-notice date?
No. Regulation 37 and regulation 38 prescribe separate periods from different events. Preserve both removal and effective notice.
TCG Regulations 2013, regs 37–38)When may notice be given only the day before sale?
Paragraph (2) requires that an ordinary wait would make goods unsaleable or extinguish or substantially reduce their value due to their nature or characteristics.
TCG Regulations 2013, reg 38(2)Must sale notice identify the goods being sold?
Regulation 39(1)(e) requires a list and identifying descriptions, including the specified details where applicable.
TCG Regulations 2013, reg 39(1)(e)Is the sale notice required to be signed by the enforcement agent?
Yes. Regulation 39(1) requires written notice signed by the enforcement agent and the prescribed information.
TCG Regulations 2013, reg 39(1)What if the sale conditions are not met on the proposed date?
Regulation 39(1)(g) requires the notice to state that a further notice will set out date, time and place if the specified sale conditions are not met. Do not reuse an obsolete sale date.
TCG Regulations 2013, reg 39(1)(f)–(g)Does a co-owner’s involvement remove the sale-notice duties?
The notice provisions expressly address co-owner details and recipients. Preserve the applicable co-owner facts and notice route.
TCG Regulations 2013, regs 39(1)(c), 40Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| TCG Regulations 2013, regs 2, 38–40 | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, regs 2, 37–38 | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, regs 37–38) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, reg 38(2) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, reg 39(1)(e) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, reg 39(1) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, reg 39(1)(f)–(g) | Check the identified procedure, event, counting rule or qualification |
| TCG Regulations 2013, regs 39(1)(c), 40 | Check the identified procedure, event, counting rule or qualification |